Every time there are losses there are choices to be made. You choose to live your losses as passagees to anger, blame, hatred, depression
and resentment, or you choose to let these losses be passages to something new, something wider, something deeper. - Henri Nowen
Diocèse Catholique
Catholic Diocese
Alexandria-Cornwall
Diocèse catholique d'Alexandria-Cornwall Catholic Diocese
220, ch. Montreal Rd, C.P./Box 1388, Cornwall ON K6H 5V4 * 613-933-1138
Matrimonial Tribunal
Annulment, or more properly referred to as declaration of nullity, is a thorny issue in
the Catholic Church and one which is widely misunderstood. The following provides an overview of the Church’s position on marriage and “annulment”.
the Catholic Church and one which is widely misunderstood. The following provides an overview of the Church’s position on marriage and “annulment”.
What is the Catholic
Church’s view of marriage?
Marriage is a permanent and exclusive relationship between a man and a woman. Together the couple creates an intimate partnership of the whole life and from their union bring forth and educate children. Marriage between two baptized persons is a sacrament, a sign of God’s love for humanity and Christ’s love for the Church.
Marriage is a permanent and exclusive relationship between a man and a woman. Together the couple creates an intimate partnership of the whole life and from their union bring forth and educate children. Marriage between two baptized persons is a sacrament, a sign of God’s love for humanity and Christ’s love for the Church.
What makes a marriage valid?
For the Catholic Church, three sets of conditions must be met for a marriage to be valid.
For the Catholic Church, three sets of conditions must be met for a marriage to be valid.
First, a searies of objective conditions
concerning the spouses themselves; for example, both spouses must be over 16 years old, they cannot be closely related, they cannot
already be married. The lack of such objective conditions is called an impediment.
Second, the marriage must be celebrated according
to certain requirements. For non-Catholics, the vows must be exchanged in the presence of qualified witnesses; for Catholics, a qualified
minister (usually a priest or a deacon) must also be present.
Third, the consent given by both spouses must meet a minimum threshold.
Both spouses must know what they are consenting to, choose freely to give their consent, and possess the human qualities that make
them able to fulfill their consent.
What is a declaration of nullity (annulment)?
A declaration of nullity is a formal recognition by the Church that there was never a validly existing marriage as defined by the Church.
A declaration of nullity is a formal recognition by the Church that there was never a validly existing marriage as defined by the Church.
A declaration of nullity is the correct
term for what most people refer to as an "annulment".
Is there a difference between a divorce and a declaration of nullity?
Yes. A divorce is a civil action that dissolves a marriage. It does not question the validity of the marriage, it simply puts an end to it.
Yes. A divorce is a civil action that dissolves a marriage. It does not question the validity of the marriage, it simply puts an end to it.
A declaration of nullity looks at the validity of the marriage. If the evidence establishes, that for all its external appearances,
the marriage was not in fact valid, then the Church declares the marriage null and void.
While you may be divorced, in the eyes
of the Church, you are still considered to be married to your first spouse unless and until the marriage is proven to be null.
But if marriage is permanent how can the Church declare a marriage to be null?
If there were impediments to the marriage (first case) or the proper form was not observed in celebrating the marriage (second case), the marriage is invalid. In these two cases, since we are dealing with facts, it is relatively easy to establish the validity or invalidity of a given marriage. The procedure for a declaration of nullity is relatively quick and straightforward.
If there were impediments to the marriage (first case) or the proper form was not observed in celebrating the marriage (second case), the marriage is invalid. In these two cases, since we are dealing with facts, it is relatively easy to establish the validity or invalidity of a given marriage. The procedure for a declaration of nullity is relatively quick and straightforward.
If there is a serious problem with the consent of either
of the spouses (third case), the marriage is also invalid. However, determining this is much more difficult, since it involves judging
the interior knowledge, attitudes and capabilities of the spouses. This is why a tribunal is formed by Church officials to adjudicate
the case and decide if the marriage is invalid.
How does a declaration of nullity affect my children?
This declaration does not affect the legitimacy of children. According to canon law (Canon 1137) “children conceived or born of a valid or putative (i.e. at first considered valid and later found to be null) marriage are legitimate.”
This declaration does not affect the legitimacy of children. According to canon law (Canon 1137) “children conceived or born of a valid or putative (i.e. at first considered valid and later found to be null) marriage are legitimate.”
Are Catholic marriages the only ones that need to
be declared null before a new marriage can take place in the Catholic Church?
The Catholic Church recognizes as valid all marriages, including those of non-Catholics and non-Christians. Therefore, if a couple wishes to marry in the Catholic Church and one or both have previously been married a declaration of nullity is required.
The Catholic Church recognizes as valid all marriages, including those of non-Catholics and non-Christians. Therefore, if a couple wishes to marry in the Catholic Church and one or both have previously been married a declaration of nullity is required.
Why do I have to pay for a declaration of nullity?
It is estimated that it costs the Diocese $2,400 to process each request for a Declaration of Nullity. The largest portion of this expense is borne by the Catholic community as a whole. As the beneficiary of the Tribunal’s work, the petitioner is asked to pay one third of the costs - $800. The right to present a petition for a declaration of nullity is available to anyone who has serious grounds, even if they cannot afford to pay the fee.
It is estimated that it costs the Diocese $2,400 to process each request for a Declaration of Nullity. The largest portion of this expense is borne by the Catholic community as a whole. As the beneficiary of the Tribunal’s work, the petitioner is asked to pay one third of the costs - $800. The right to present a petition for a declaration of nullity is available to anyone who has serious grounds, even if they cannot afford to pay the fee.
What is the Marriage Tribunal?
The Marriage Tribunal is part of the judicial branch of the Church. This office handles requests for declarations of nullity of marriages.
The Marriage Tribunal is part of the judicial branch of the Church. This office handles requests for declarations of nullity of marriages.
What is the point of a declaration of nullity?
The purpose of this process is to serve one’s conscience and spirit, and to reconcile persons to full sacramental participation in the Church. This includes allowing both parties to remarry in the Catholic Church if they choose.
The purpose of this process is to serve one’s conscience and spirit, and to reconcile persons to full sacramental participation in the Church. This includes allowing both parties to remarry in the Catholic Church if they choose.
Why is my former spouse contacted?
Canon law, as well as simple justice, requires that the former spouse be notified that a declaration of nullity has been requested. This allows the former spouse the opportunity to exercise his or her right to know what is going on and to present his or her side of the marriage should they choose to. While their cooperation is welcome, it is not essential.
Canon law, as well as simple justice, requires that the former spouse be notified that a declaration of nullity has been requested. This allows the former spouse the opportunity to exercise his or her right to know what is going on and to present his or her side of the marriage should they choose to. While their cooperation is welcome, it is not essential.
Why do I need witnesses?
Witnesses, who knew you and/or your spouse prior to and at the time of your marriage, may provide additional evidence to support your case. In addition, they should be able to corroborate your evidence as well as the evidence of your former spouse.
Witnesses, who knew you and/or your spouse prior to and at the time of your marriage, may provide additional evidence to support your case. In addition, they should be able to corroborate your evidence as well as the evidence of your former spouse.
You are required to
name 4 to 6 witnesses who will agree to be interviewed. It is only in very exceptional cases that witnesses will not be required.
How long does it take to complete the process?
Although a specific time frame cannot be provided, the entire process is likely to take 12 to 18 months. Things that will affect the time include the availability of witnesses, the complexity of the grounds, and the need for the intervention of experts.
Although a specific time frame cannot be provided, the entire process is likely to take 12 to 18 months. Things that will affect the time include the availability of witnesses, the complexity of the grounds, and the need for the intervention of experts.
A date for remarriage in the Church cannot be set until a declaration of nullity has
been granted and confirmed by the Appeal Tribunal.
Additional Resources
Marriage First, Nullity Second
Other Sacraments Can Also Be Declared Null
The Diamond of Consent
A Declaration of Nullity Based On Force
Was There a Legitimate Manifestation of the Ministers’ Consent
Are the Ministers Qualified According to the Law?
Marriage is Forever...
or, Is It?
Why Tribunals?
The Children are Legitimate
Misconceptions About Declarations of Nullity
Marriage, Divorce and Annulments
By Father Pat McCloskey, O.F.M.
By Father Pat McCloskey, O.F.M.
