Rachel Evans
The Catholic Church requires divorced individuals to obtain an annulment, or a declaration of nullity, before remarrying in the Church. This is a declaration by a Church tribunal, or a Catholic Church court, that a marriage thought to be valid according to Church law fell short of at least one of the essential elements required for a binding union. The annulment process involves a matrimonial nullity trial, governed by canon law, in which a canonical tribunal determines whether the marriage was void at its inception. The Church considers a range of factors, including the intentions of the couple, their family and formative experiences, and their engagement and dating relationships. Once an annulment is obtained, both parties are free to remarry in the Catholic Church, unless an appeal is lodged.
| Characteristics | Values |
|---|---|
| What is a Catholic annulment? | A declaration by a Church tribunal (a Catholic Church court) that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union. |
| Who grants annulments? | A Church tribunal, or a three-judge panel (tribunal). |
| Who is the Defender of the Bond? | A representative for the Church who argues for the validity of the marriage. |
| Who is the Petitioner? | The one who is beginning the process. |
| Who is the Respondent? | The other party to the marriage. |
| What is the process? | The petitioner completes a questionnaire and provides documents such as recent baptismal certificates, marriage and divorce decrees. The tribunal accepts the petition if jurisdiction and potential grounds exist. The petitioner then gives testimony at the tribunal offices. The case is then presented to the Defender of the Bond, and finally to the three-judge panel for a final decision. |
| What are the grounds for annulment? | Failure to meet the requirements to enter validly into matrimony, including a defect of form, defect of contract, defect of willingness, or defect of capacity. |
| What is the outcome? | If the tribunal decides in favor of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal is lodged or the decision includes a prohibition. |
| What about children from annulled marriages? | Canon 1137 of the 1983 Code of Canon Law affirms the legitimacy of children born in both valid and putative marriages. |
| What about civil annulment or divorce? | An annulment from the Catholic Church is independent from obtaining a civil annulment or divorce, although some countries allow the annulment process to substitute for the civil act of divorce. |
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What You'll Learn
What is a Catholic annulment?
A Catholic annulment, also known as a "declaration of nullity", is a judgement by an ecclesiastical tribunal (a Catholic Church court) that a marriage, while outwardly valid, fell short of one or more of the essential elements required for a binding union. In other words, it is a declaration by the Church that a marriage that was thought to be valid was not legally binding.
The Catholic Church teaches that a new marriage cannot be initiated while a previous marriage still exists. Therefore, divorced Catholics must obtain a declaration of nullity before remarrying in the Church. The Church can examine the presumed valid marriage bond to see if it really existed. A declaration of nullity is declared by the Church if the marriage in question is judged to have been null and void from the very beginning, thus enabling the persons to marry in the Catholic Church.
The annulment process involves a tribunal, which is a formal church court. The tribunal looks at information submitted by one or both former spouses to determine if all the requirements for a valid marriage were present in their union. The petitioner (the person initiating the process) is asked to complete a questionnaire about the basic facts of the marriage in question and provide relevant documents. The tribunal will accept the petition if jurisdiction and potential grounds exist. The tribunal has jurisdiction if, for example, the archdiocese is where the petitioner or respondent lives or where the wedding took place. Potential grounds for a case centre on the intentions a couple has when they enter into marriage concerning fidelity, permanence, and openness to children.
The defender of the bond then presents arguments in favour of upholding the validity of the marriage. The case is then presented to a three-judge panel (tribunal) for a final decision. Once the tribunal decides in favour of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal is lodged or the decision includes a prohibition against one or both parties marrying until certain underlying issues have been resolved. It is important to note that an annulment is independent of obtaining a civil annulment or divorce, and the Church does not acknowledge the right of civil authorities to dispense from vows taken in the Church.
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Why do divorced Catholics need an annulment to remarry?
The Catholic Church teaches that a new marriage cannot be initiated while a previous marriage still exists. The Church does not acknowledge civil divorce as a dissolution of a marriage, and therefore divorced Catholics must obtain an annulment, or a declaration of nullity, to be able to remarry in the Catholic Church.
A declaration of nullity is a judgement by a Church tribunal, or a Catholic Church court, that a marriage thought to be valid according to Church law fell short of at least one of the essential elements required for a binding union. The Church believes that marriage is a lifelong bond, and therefore requires divorced persons to obtain a declaration of nullity before remarrying.
The process of obtaining a declaration of nullity involves a matrimonial nullity trial, governed by canon law, in which a canonical tribunal determines whether the marriage was void at its inception. The tribunal examines the internal dispositions of the parties and their understanding of marriage, in addition to the intentions a couple has when they enter into marriage concerning fidelity, permanence and openness to children. The Church can also examine the presumed valid marriage bond to see if the bond really existed.
To initiate the process, the petitioner (the person beginning the process) is asked to complete a questionnaire about the basic facts of the marriage in question and provide documents such as recent baptismal certificates and certified marriage and divorce decrees. The petitioner may also be required to provide witnesses who knew them before the marriage. The case is then presented to a Defender of the Bond, who presents arguments in favour of upholding the validity of the marriage. Finally, the case is presented to a three-judge panel for a final decision. If the tribunal decides in favour of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal is lodged or the decision includes a prohibition against one or both parties remarrying.
It is important to note that an annulment does not dissolve an existing marriage, but rather declares that a marriage never existed because consent was never validly exchanged. This is because the Church believes that, in a true marriage, one man and one woman become "one flesh" before the eyes of God, and therefore no human being must separate what God has joined together.
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The annulment process
To begin the annulment process, one must contact a priest or deacon at a local parish, who will refer them to the Diocesan Tribunal. The Petitioner (the person initiating the process) will be asked to complete a questionnaire about the basic facts of the marriage, including recent baptismal certificates and certified marriage and divorce decrees. The Tribunal will then accept the petition if jurisdiction and potential grounds exist. The Tribunal has jurisdiction if, for example, the Archdiocese is where the Petitioner or Respondent lives or where the wedding took place.
The Petitioner will then be scheduled to give testimony at the Tribunal offices with the assistance of a trained auditor. This process takes the format of an interview, based on the preliminary information already supplied. The Petitioner is required to provide the address of the Respondent (the other party to the marriage), or an explanation if an address cannot be acquired. The Petitioner must also provide four witnesses who knew them before the marriage and can offer insights and observations about the marital union. However, the process can still move forward if the Respondent does not wish to testify.
After all the testimony has been compiled, the case is presented to the Defender of the Bond, who argues in favour of upholding the validity of the marriage. The case is then presented to a three-judge panel (Tribunal) for a final decision. The judges review the case, discuss it, and arrive at a sentence or decision, which includes the basic facts and information of the marriage, a pertinent law section, and the judges' decision based on Church law. If the Tribunal decides in favour of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal is lodged or there are underlying issues that need to be resolved.
It is important to note that the annulment process can be emotionally challenging and may involve unexpected delays. Additionally, the Catholic Church respects the validity of all marriages, not just Catholic marriages, and obtaining a civil divorce is a prerequisite for initiating the annulment process.
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Grounds for annulment
The Catholic Church's grounds for annulment are based on its interpretation of the words of Jesus: "What God has joined together, no human being must separate" (Matthew 19:6). The Church teaches that a new marriage cannot be initiated while a previous marriage still exists.
A declaration of nullity, commonly referred to as an annulment, is a determination by a Church tribunal (a Catholic Church court) that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union.
There are four types of contractual defects that can be grounds for annulment:
- Defect of form: If the marriage ceremony is invalid, such as two Catholics being married outside of the Catholic Church.
- Defect of contract: If it was not a marriage that was contracted, such as a defect of intent on either side.
- Defect of willingness: Entering into marriage without the intention of fidelity excludes unity and therefore invalidates the marriage. Similarly, a party who weds with the understanding that they can always get a divorce if things don't work out does not sufficiently consent to marriage.
- Defect of capacity: If one or both parties lack the capacity to marry, a valid marriage cannot exist between them. This could be due to a psychological defect or a prior bond, such as being validly married to someone else.
It is important to note that an annulment is not the dissolution of an existing marriage, but rather a declaration that consent was never validly exchanged due to a failure to meet the requirements to enter matrimony. Once an annulment is obtained, both parties are free to remarry in the Catholic Church, unless there are underlying issues that need to be resolved.
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Annulment vs divorce
Annulment and divorce are the two main ways to formally end a marriage. While both annulment and divorce accomplish the dissolution of a marriage, they do so in different ways. A divorce is a legal process that acknowledges that a marriage existed and is now over. It is a legal dissolving, termination, and ending of a legally valid marriage. It declares the spouses to be single again. On the other hand, annulment states that a marriage was never legally valid in the first place. It is a declaration by a Church tribunal (a Catholic Church court) that a marriage thought to be valid according to Church law fell short of at least one of the essential elements required for a binding union.
Divorce recognises the validity of the marriage and, therefore, the process is often more involved. For instance, if a prenuptial agreement was filed, the divorce must follow what is outlined within it. Additionally, each partner may have a legal claim to any personal property or money owned by the other, unless otherwise outlined in a prenup. Unlike annulments, divorces can occur for any number of reasons. In the United States, all states recognize "no-fault" divorces, meaning that neither party is required to prove fault on the part of their spouse for the divorce to be granted. "Irreconcilable differences" is often cited as grounds for a no-fault divorce. Fault divorces can lead to larger settlements for the party without fault. Common grounds cited for fault divorces include adultery, imprisonment, or abandonment.
Annulment, on the other hand, requires very specific reasons for a judge to be able to grant it. It requires proof of the existence of at least one of the following contractual defects: defect of form, defect of contract, defect of willingness, or defect of capacity. For instance, a defect of form could be two Catholic persons being married outside of the Catholic Church. A defect of contract could be a defect of intent on either side. A defect of willingness could be one or both spouses being forced or tricked into the marriage. A defect of capacity could be one or both spouses not being of legal age to marry.
In the Catholic Church, a declaration of nullity, commonly called an annulment, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted. It is not the dissolution of an existing marriage, but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed. The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of God. For a Catholic marriage to be valid, it is required that the couple intends to marry for life, to be faithful to one another, and be open to having and raising children. Their consent must be given in the presence of two witnesses and before a properly authorized Church minister.
In some countries, such as Italy, the annulment process can substitute for the civil act of divorce. However, in many jurisdictions, some of the grounds the Catholic Church recognizes as sufficient for annulment are not considered grounds for a civil annulment. In such cases, the couple will need to be divorced by the civil authorities to be able to remarry in the jurisdiction. Once the Church annuls a marriage, it would generally prefer that the marriage be subsequently annulled by the civil courts as well. However, a civil divorce is acceptable if getting the civil annulment does not prove feasible.
In the case of divorced Catholics, they are not excommunicated from the Church. They are considered Catholics in good standing and have the right to receive holy Communion as long as they have not entered an uncanonical marriage. The only way a divorced Catholic can lawfully remarry in the Church is by obtaining a Church annulment.
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Frequently asked questions
A Catholic annulment, formally known as a "declaration of nullity", is an official declaration by the Church that a marriage did not meet the requirements for validity. This means that the marriage is considered invalid by the Church, and the couple is free to marry again in the Catholic Church.
Annulments are granted when the marriage is believed to have been invalid from the beginning. There are three main grounds for annulment: lack of capacity, lack of consent, and lack of form. Lack of capacity could refer to a lack of psychological capacity or a fear that impeded judgement, such as an out-of-wedlock pregnancy. Lack of consent could refer to a party entering the marriage without the intention of fidelity or the intention to procreate. Lack of form refers to the method and manner in which marital consent is exchanged.
The petitioner submits written testimony about the marriage and provides a list of witnesses who are familiar with the marriage and can answer questions about the spouses and the marriage. These witnesses are typically family members or close friends. The respondent (the other spouse) has the right to be involved but is not required to participate or agree to the annulment for the process to proceed. Once all the information is submitted, a tribunal (a Church court) will decide on the best way to move forward. Both parties have the option of enlisting a Church advocate to represent them. The tribunal will then assign a Defender of the Bond to argue in favour of the marriage's validity. The case is then presented to a three-judge panel for a final decision.
The length of the process depends on the case and can vary from a few weeks to 9-18 months. Factors that can affect the timeline include the petitioner's ability to gather documents in a timely manner.
Annulments can cost upwards of $1,000, but Pope Francis has requested that dioceses subsidize tribunal services, so there may be no cost to those seeking an annulment.
