Michael Brooks
The Catholic Church's annulment process is an investigation into whether a marriage was a covenantal marriage. It is not a divorce but 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. The annulment procedure examines whether the union did in fact reach its fullness and become all that the Church believes a marriage to be. The Church recognises 12 impediments to marriage that would nullify the vows made, including being too young, having received holy orders, or being impotent. If one of these impediments exists, the marriage is considered not to be a sacramental marriage.
| Characteristics | Values |
|---|---|
| Number of criteria | 5 |
| Requirement for validity | The spouses were free to marry |
| Requirement for validity | The spouses freely exchanged their consent |
| Requirement for validity | The spouses intended to marry for life, be faithful and be open to children |
| Requirement for validity | The spouses intended "good of each other" |
| Requirement for validity | The spouses' consent was given in the presence of witnesses before an authorized church official |
| Grounds for annulment | Lack of capacity |
| Grounds for annulment | Lack of consent |
| Grounds for annulment | Lack of form |
| Grounds for annulment | Mental illness |
| Grounds for annulment | Substance abuse |
| Grounds for annulment | Infidelity |
| Grounds for annulment | Underage marriage |
| Grounds for annulment | Impotence |
| Grounds for annulment | Infertility |
| Grounds for annulment | Abuse |
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What You'll Learn
The petitioner must prove that the marriage was not a sacramental union
The Catholic Church considers marriage a lifelong bond and a sacramental union. For a Catholic marriage to be valid, certain requirements must be met. If these requirements are not met, the marriage is not considered sacramental, and a petitioner can seek an annulment.
A petitioner must prove that the marriage fell short of at least one of the essential elements required for a binding union. These essential elements include the spouses being free to marry, freely exchanging their consent, intending to marry for life, being faithful, being open to having and raising children, intending the good of each other, and consenting in the presence of witnesses before an authorized church official.
Lack of capacity, lack of consent, and lack of form are three areas in which a wedding may fail to bring about a valid marriage. For instance, if one of the partners is infertile, the union could be considered non-sacramental. If a spouse was underage when the wedding took place, even with their guardian's permission, the marriage could be ruled as non-valid. If a Catholic wishes to marry outside of the Church without obtaining a dispensation from their bishop, their marriage is not considered valid.
The annulment process involves a church tribunal, or court, examining the events leading up to and at the time of the wedding ceremony to determine if what was required for a valid marriage was present. The petitioner provides written testimony explaining the reasons for annulment and can appoint someone to represent them before the tribunal. The process can be lengthy, taking anywhere from a few weeks to over a year, and it is recommended to have an experienced advocate to guide you through it.
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Lack of capacity
To qualify for a Catholic annulment, a petitioner must provide written testimony to a church tribunal explaining the reasons for the annulment, along with a list of people familiar with the marriage and willing to answer questions about the relationship. The annulment process is similar to a court proceeding and can provide emotional and spiritual healing to one or both parties.
Catholic canon law recognizes three areas in which a wedding may fail to bring about a valid marriage: lack of capacity, lack of consent, and lack of form. Lack of capacity is a defect of capacity, which is one of the four contractual defects that can make a marriage invalid and constitute legal grounds for a declaration of nullity.
For a party to validly marry, they must first be capable of marriage. If they are lacking anything required for them to be capable of marriage, then a wedding will not result in a valid marriage, and there will be grounds for annulment. Such capacity is required on the part of both parties attempting marriage. In either case, if one or both parties lack the capacity to marry, a valid marriage cannot come into existence between the two.
Capacity includes being both emotionally and mentally capable of understanding and consenting to the commitment of marriage. If, at the time of the marriage ceremony, one or both parties lack capacity due to mental illness, intoxication, age, or coercion, an annulment can be processed.
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Lack of consent
A "declaration of nullity", commonly referred to as an annulment, is an official declaration by the Roman Catholic Church that a marriage did not meet the requirements for validity. The Catholic Church believes that marriage is a lifelong bond and therefore requires divorced persons to obtain a declaration of nullity before remarrying.
The Catholic Church recognises three areas in which a wedding may fail to bring about a valid marriage: lack of capacity, lack of consent, and lack of form.
Invalid consent can occur when one party is forced into a marriage, or when fear impedes a party's judgement, such as in the case of an out-of-wedlock pregnancy involving a very young couple. A party who weds with the understanding that they can always get a divorce if things do not work out does not sufficiently consent to marriage. Entering into marriage without the intention of fidelity also invalidates the marriage.
To obtain an annulment, a petitioner must provide written testimony to the church tribunal explaining the reasons for annulment, along with a list of people familiar with the marriage and willing to answer questions about the relationship. The ex-spouse's cooperation is not required. The tribunal process is similar to a court proceeding and focuses its investigation on the events leading up to the wedding ceremony.
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Lack of canonical form
A "declaration of nullity", as an annulment is officially known in the Catholic Church, does not deny that a relationship existed, nor does it suddenly consider children from the marriage illegitimate. It simply states that the relationship was missing something that the church requires for marriage.
Catholic canon law recognizes three areas in which a wedding may fail to bring about a valid marriage: lack of capacity, lack of consent, and lack of form. Lack of canonical form is one of the most common grounds for annulment.
If a Catholic wishes to marry outside of the Church, they must obtain a dispensation from the Catholic canonical form from their bishop. This is ordinarily handled through their local pastor. If they fail to obtain a dispensation and proceed with a wedding apart from the Church, their wedding lacks canonical form and their marriage is not valid.
For example, in a case where a Catholic contracts a marriage by a Justice of the Peace, the marriage would be considered invalid due to a lack of proper canonical form. An exception to this exists in the case of a Catholic marrying a non-Catholic Christian of an Eastern rite, such as an Eastern Orthodox Christian, in that party’s church’s setting. In such a case, failure to obtain a dispensation is illicit but not invalidating of the marriage.
If a tribunal investigation determines that the marriage lacked canonical form, the parties are then free to marry in the Catholic Church, unless an appeal of the decision is lodged or the decision includes a prohibition against one or both of the parties marrying until certain underlying issues have been resolved.
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The tribunal process
The tribunal focuses its investigation on the events leading up to the wedding ceremony and the time of the ceremony itself, to determine whether what was required for a valid marriage was ever brought about. The length of the common life is not proof of validity, but a long marriage does provide evidence that a couple had some capacity for a life-long commitment. The tribunal process can take anywhere from a few weeks to more than a year, depending on the complexities of the case.
After the tribunal has reached a decision, it is reviewed by a second tribunal where more testimony can be made. A final decision can often take 18 months or longer. While some people believe it is a process only afforded to the rich, the council's website says the cost of an annulment normally ranges from $200 to $1,000 in fees, depending on the diocese.
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Frequently asked questions
A Catholic annulment is 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.
The essential elements of a Catholic marriage are that the spouses were free to marry, they freely exchanged their consent, they intended to marry for life, be faithful and be open to children, they intended 'good of each other', and their consent was given in the presence of witnesses before an authorized church official.
Grounds for annulment include lack of capacity, lack of consent, and lack of form. For example, if one of the partners is infertile, whether they learned of it before or after the wedding took place, the union could be considered non-sacramental.
The annulment process can take anywhere from a few weeks to more than a year depending on the complexities of the case. A final decision can often take 18 months or longer.
The cost of an annulment normally ranges from $200 to $1,000 in fees, depending on the diocese.
