FAQ
Letter from the
head of the tribunal in our Diocese that deals with these issues.
What
are the Church’s teachings about marriage and annulment?
What if a marriage
breaks down?
What is a decree of matrimonial
nullity?
Do the previous marriages
of non-Catholics and non-baptized persons need to be annulled before these
persons can be married in the Catholic Church?
Do I have a right to an annulment?
Who
can ask for an annulment?
If
I seek an annulment, does my previous spouse have to be contacted?
What
is the Diocesan Tribunal, and what is its role in the annulment process?
Can
I go to any Tribunal?
How
is the annulment process begun?
What
preliminary application and documents do I need?
What
are some possible grounds for annulment?
How
long does the annulment process take?
Why does
the annulment process take so long?
What
is the divorced person’s status with the Church while seeking an
annulment?
After
I submit a case to the Tribunal, can I set a date for a future wedding?
Do
the parties have the right to inspect the evidence which has been submitted
to the Tribunal for a decision?
How
does the Tribunal reach a decision to grant an annulment or support the
presumption of validity?
Can
the Church’s decision to grant or not grant an annulment be appealed?
Once
an annulment is granted am I free to marry?
If
a marriage is annulled, what is the status of the children?
How
much does an annulment cost?
More Questions? |
Dear Brothers and Sisters in Christ:
The end of marriage through separation and divorce from a spouse is always
a difficult time, characterized by a profound sense of loss and often
by deep feelings of regret or guilt. The loss of a spouse through divorce,
in many ways more tragic than the loss of a spouse through death, often
results in pain about the past and causes anxiety about the future. The
Church makes many efforts to offer the separated and divorced support
to accept and forgive the past, to cope with the present, and to prepare
for the future. Among these ministerial efforts is the process of annulment.
The Tribunal assists a divorced person looking at his or her former union
to determine if it was a valid marriage as taught by Christ and His Church.
For many, the Tribunal’s mission in the Church is confusing and
frequently misunderstood. The annulment process can seem foreign and vague,
sometimes causing fear, anxiety, and apprehension. Many people have serious
misperceptions regarding annulments, making the confusion worse. Those
who approach the Tribunal do so out of a desire to clarify their status
in the Church in the hopes of having some closure on the past, of being
declared free to marry, or of having their current civil marriage validated
within the Church.
To promote a greater understanding of the work of the Tribunal and the
marriage nullity process, I have composed this brief booklet to address
some of the most frequently asked questions with clear and concise replies.
I hope this booklet will help you better understand our work and assist
you in the preparation of your case for the Tribunal.
For further information, please contact your parish priest, deacon, or
pastoral minister. These individuals will be able to answer your questions
and assist you in preparing a petition for the Tribunal.
With every prayer and best wish for you and your family, I am,
Affly yours in Christ,
Very Rev. Kevin Michael Quirk, JCD, KHS
Judicial Vicar
DIOCESE OF WHEELING-CHARLESTON
1300 Byron Street
Post Office Box 230
Wheeling, West Virginia 26003
E-Mail: kquirk@dwc.org
Phone: 304-233-0880, ext. 267
SECRETARY & NOTARY
Mrs. Rena Bowman
Email: rbowman@dwc.org
Phone: 304-233-0880, ext. 239
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What
are the Church’s teachings about marriage and annulment?
The Catholic Church’s teaching on marriage,
based on the teachings of Jesus Christ Himself, is best expressed by canon
1055 of The Code of Canon Law:
“The matrimonial covenant, by which a man and a woman establish
between themselves a partnership for the whole of life, is by its nature
ordered toward the good of the spouses and the procreation and education
of children; this covenant between baptized persons has been raised by
Christ the Lord to the dignity of a sacrament.”
The covenant of marriage “is brought about through the consent of
the parties, legitimately manifested between persons who are capable according
to law of giving consent; no human power can replace this consent”
(can. 1057 §1). In other words, it is consent that makes marriage;
not the presence of a priest or deacon (though for Catholics this is necessary),
not the civil license, not the permission of parents, etc.
Consent to marry, once validly given, cannot be retracted or taken back,
no matter how personal feelings for one another may change over time.
The act of saying “I do”—what is called “the exchange
of consent”—creates a permanent bond of marriage between a
man and a woman. Both the Old and New Testament teach that this bond of
marriage is, by its very God-given nature, unable to be broken or set
aside by any earthly power (Gen 2:24; Mt 19:1-9). Thus, a marriage, validly
entered through the consent of a man and woman free from any obstacle
and capable to marry, lasts until the death of one of the partners.
Jesus Christ Himself explained that divorce and remarriage, which was
not part of God’s original plan for marriage, was allowed by Moses
in the Old Testament because of “the hardness of your hearts”
but “from the beginning it was not so” (Mt 19:8). In fidelity
to God’s plan and Jesus Christ’s teaching, the Catholic Church
does not recognize the effect of civil divorce over the indissoluble bond
of marriage and does not permit divorce and remarriage.
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The Church also
recognizes the reality that marriages sometimes breakdown
for any number of reasons. In such a circumstance,
one or both of the parties may become convinced that the marriage was
not valid, either because of some obstacle to marriage or because of a
difficulty with the consent of one or both former spouses. Indeed, not
every expression of consent uniting two partners gives rise to the sacred
bond of marriage because not every expression of consent is freely given,
fully considered, properly expressed, or valid. Sometimes one or both
of the parties do not understand what they are doing, are not truly prepared
for marriage, or do not really mean what they say. In these and similar
conditions, one can request (“petition for”) a decree of matrimonial
nullity from a Tribunal of the Church.
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A decree of matrimonial
nullity,
commonly called an annulment, is a decision concerning
a specific relationship, stating that this union was not a marriage according
to the teachings of the Catholic Church. It does not deny that an emotional
and deeply personal relationship existed, nor does it imply ill will on
the part of either person, or place blame for the failure of the relationship.
Unlike a civil divorce, which is concerned only with the end of marriage,
the annulment process considers exclusively the couple’s consent
to marriage and what they brought to the marriage. The annulment process
does not ask who did what to whom; rather, it asks if the consent of the
parties was valid or not. If it was valid, a permanent and indissoluble
marriage exists. If it was not valid, the marriage was not valid and the
parties are not bound to it.
(For further reading on
the Sacrament of Marriage, please see The Catechism of the Catholic Church,
1601-1690.)
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Do the previous
marriages of non-Catholics and non-baptized persons need to be annulled
before these persons can be married in the Catholic Church?
The Church teaches that the covenant of marriage
“between baptized persons has been raised by Christ the Lord to
the dignity of a sacrament” (can. 1055, §1). In other words,
all marriages between two baptized persons, whether those being married
are Catholic or Protestant, are presumed to be valid and sacramental marriages.
And all sacramental marriages are endowed with the grace of indissolubility,
whether the parties themselves understand this or not.
A simple rule of thumb is this: Whenever a person wishes to marry in the
Catholic Church and there has been a previous marriage, that bond of marriage
must be examined to clarify the status of persons and their freedom to
marry. This applies equally to all persons, Catholic, non-Catholic, or
non-baptized. Such an examination is also necessary in cases where one
or both marriage partners were never baptized. Marriages where one or
both parties were not baptized may be resolved under special norms.
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Do I have a right to an annulment?
While everyone has the right to petition the Church
to consider whether or not his or her marriage is valid, no one has a
right to an annulment. The decision of the Tribunal is based on the evidence
which is submitted by one or both parties and their witnesses in relation
to recognized reasons of nullity, that is, canonical grounds of nullity.
The final decision of the Tribunal is based on three criteria:
1. the ground of nullity agreed upon during the process;
2. the legal tradition and understanding of the Church on this ground;
3. the proofs in the form of statements, declarations, depositions, documents,
and reports submitted by the parties, the witnesses, and professional
counselors (if the latter are needed).
In January, 1996, Pope John Paul II addressed the issue of the right to
an annulment. He explained: “It
must be remembered that the spouses, who in any case have the right to
allege the nullity of their marriage, do not however have either the right
to its nullity or the right to its validity. In fact, it is not a question
of conducting a process to be definitively resolved in a constitutive
sentence, but rather of the juridical ability to submit the question of
the nullity of one’s marriage to the competent Church authority
and to request a decision in the matter. This does not prevent the spouses
themselves, since it is a question regarding the determination of their
personal status, from having their essential procedural rights recognized
and granted: to be heard in court, to submit proofs in the form of documentation,
expert opinion and witnesses, to know all the instructional acts and to
present their respective defenses”
(Address to the Roman Rota,
January 22, 1996, paragraph 3).
At the same time, the Church also recognizes the rights of the marriage
bond itself. Since marriage is the basic building block of society, a
public good, and a contract made by the publicly witnessed consent of
the parties, the covenant of marriage itself does have rights. Chief among
these is the right to exist. And so the Church teaches that “marriage
enjoys the favor of the law; consequently, when a doubt exists the validity
of a marriage is to be upheld until the contrary is proven” (can.
1060). The object of the annulment process is to demonstrate whether there
is sufficient proof to overturn the Church’s presumption in favor
of the validity of marriage.
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Who can ask for an annulment?
Either party in a marriage that has ended in divorce
has the right to ask the Church to consider the validity of a former marriage.
However, if one of the former spouses is now deceased, there is no need
to request an annulment.
Although one party makes the request, the other party has the right to
participate in the process. The party who makes the request is called
“the petitioner”; the other party is called “the respondent.”
The rights of both parties, especially the right to a good reputation,
are respected and protected by the Tribunal. The former spouse must be
contacted and informed of his or her rights in the process.
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If I seek
an annulment, does my previous spouse have to be contacted?
Since the relationship took place between both persons,
both persons have to be offered the
ability to participate in the annulment process. Church law requires that
the previous spouse—“the respondent”—be contacted
and informed of the grounds, given the opportunity to give testimony,
and asked to name witnesses. While the respondent does not always exercise
this right, the law requires that this person be informed. The refusal
of the respondent to participate does not hinder the process, though his
or her cooperation can greatly help. For this reason, the petitioner is
required to submit the name and current mailing address of the respondent
or that of a relative or friend, who can ensure the respondent will receive
the Tribunal’s mailings. If the address of the respondent is not
known, the Tribunal can suggest some means of obtaining it; however, the
Tribunal does not have the resources to search for this information. Since
the relationship existed between the petitioner and the respondent, it
is the petitioner’s responsibility to supply the address of the
respondent.
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What
is the Diocesan Tribunal, and what is its role in the annulment process?
The Diocesan Tribunal is part of the pastoral ministry
of the Church which considers matters that pertain to Church legislation
or Canon Law. Among its other duties, the Tribunal considers petitions
for the declaration of matrimonial nullity by guiding the annulment process
from the receipt of the petition to the final judgment.
For a marriage to be annulled, it must be proven that an essential quality
or element of the marriage was lacking. The Tribunal is the place within
the Church where evidence is brought by the parties to ensure there is
a just and expeditious consideration given to the petition.
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Can I go to any Tribunal?
Just like civil courts, there are some objective
criteria for determining which Tribunal is able to accept your petition
(called “competency”). The following Tribunals are able to
process a petition:
1. the Tribunal of the Diocese where the wedding took
place;
2. the Tribunal of the Diocese where the respondent currently
lives;
3. the Tribunal of the Diocese where the petitioner lives,
provided that the petitioner and the respondent live in the territory
of the same Episcopal Conference (ordinarily, the same country), and the
respondent’s Tribunal agrees, after hearing from him or her; and
4. the Tribunal of the Diocese in which the majority
of proofs (evidence) are located, if the respondent’s Tribunal gives
consent after hearing from him or her.
For instance, The Tribunal of the Diocese of Wheeling-Charleston could
accept any of the following cases:
— a petition from a person whose the marriage took place in this
state;
— a petition regarding a marriage in which both former spouses now
live in West Virginia;
— a petition from a person who does not live in West Virginia but
whose former spouse now does;
— a petition from a person who now lives in West Virginia and whose
former spouse lives outside West Virginia but in the United States, provided
that the Judicial Vicar (head of the Tribunal) where the former spouse
now lives agrees, after hearing from the other party.
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How is the annulment
process begun?
The person who wishes to have a marriage annulled
seeks the assistance of a parish priest, deacon, or pastoral minister.
This person can be appointed by the petitioner as his or her “advocate,”
that is, a pastoral minister who assists the petitioner in presenting
the case to the Tribunal. The person should not contact the Tribunal directly.
The required application and petition forms are completed with the help
of the priest, deacon, or pastoral minister who will then forward them
to the Tribunal.
The Tribunal, after ensuring that it is competent to hear the petition,
carefully studies all the materials and issues a decree initiating the
process.
The Tribunal may decide that a formal interview or an interview with one
of the Tribunal’s professional counselors is required. The interview
with this counselor takes place at the Tribunal office, and the appointment
is scheduled by the Judge assigned to the case in consultation with the
person involved.
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What
preliminary application and documents do I need?
After meeting with the person, a parish priest, deacon,
or pastoral minister will assist in the completion of the preliminary
questionnaire and the formulation of a petition. It is essential to the
process that the preliminary questions be answered as thoroughly and carefully
as possible.
In addition, the petitioner must submit the names of no less than four
witnesses (excluding parents; no less than six if the parents are deceased).
The witnesses should be people that knew the parties during the courtship,
engagement and early marriage. They should be knowledgeable and cooperative
family, friends, or co-workers, who are able to provide their independent
view of the couple and the couple’s decision to marry. Children
borne of the marriage are not accepted as witnesses and individuals who
only knew the couple during the marriage or toward its end should not
be named as witnesses.
The above items and all pertinent documents (baptismal certificates for
Catholic parties, marriage certificate, and the final divorce decree)
are sent to the Tribunal. The formal petition includes a check-list to
help the petitioner and advocate in collecting the necessary items.
When the petition is received by the Tribunal, the respondent will be
apprised of his or her right to give testimony, name witnesses, and also
have an Advocate. The same rights that are afforded to the petitioner
will be offered to the respondent.
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What are
some possible grounds for annulment?
Among the signs that might indicate possible grounds
for an annulment are: marriage that excluded at the time of the wedding
the right to children, or to a permanent marriage, or to an exclusive
commitment. In addition, there are youthful marriages; marriages of very
short duration; marriages marked by serious emotional, physical, or substance
abuse; deviant sexual practices; profound and consistent irresponsibility
and lack of commitment; conditional consent to a marriage; fraud or deceit
to elicit spousal consent; serious mental illness; or a previous bond
of marriage. The Tribunal has a separate list of the 21 distinct grounds
upon which a petition can be based and will assist the petitioner and
the advocate in deciding the ground best suited to the circumstances.
Petitioners should remember that adultery and other faults in marriage,
while extremely sad and hurtful, are not in and of themselves grounds
for an annulment.
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How long does the
annulment process take?
On average, the annulment process takes approximately
eight months to one year. Delays in the process often occur when the petitioner
or their witnesses do not respond promptly to requests from the Tribunal.
In order to ensure that the process moves without interruption, the petitioner
should submit all the necessary documents and information together at
the very beginning. The petitioner should also contact potential witnesses
before giving their names and addresses to the Tribunal and make certain
that they are willing to participate in the process.
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Why does the annulment process
take so long?
The Church has a duty to protect, defend, and teach
the sacred dignity of marriage. When the bond of marriage is challenged
through a petition for an annulment, the Tribunal has the duty to uphold
the validity of marriage until it has been proven otherwise. To do otherwise
would be to merely grant a divorce by a different name. Therefore, the
Tribunal must examine the petition and the evidence conscientiously to
make certain that the decision is a just one based on the law and the
facts. The annulment process is designed to get to the truth of the matter
as quickly and justly as possible while protecting the rights of the parties
involved.
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What
is the divorced person’s status with the Church while seeking an
annulment?
Divorced Catholics who have not entered into another
marriage outside the Church are free to— and are encouraged to—fully
participate in the life of the Church by receiving the sacraments. Being
divorced does not alter one’s status in the Church.
Catholics who are divorced and have attempted to remarry without having
received an annulment are NOT excommunicated. But, they are not free to
receive the sacraments until this objective contradiction is resolved
. Such persons are expected and encouraged to fulfill their other duties
in practicing their faith by attending the Mass, but not receiving Holy
Communion, pending a finding of their freedom to remarry.
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After I
submit a case to the Tribunal, can I set a date for a future wedding?
A future date for a Catholic wedding cannot be set,
or the validation by the Church of a current union cannot take place,
until there is a final and definitive resolution by the Court of Second
Instance. There are three reasons for this. First, neither the Tribunal
nor any pastoral person can guarantee that the marriage will be found
invalid. The Tribunal is bound to make a decision in conformity with evidence
that has been submitted by the parties and the witnesses and in accordance
with the laws of the Church. There are instances when one or both parties
believes the marriage to be invalid, but there is inadequate evidence
to support the conviction. Second, the Tribunal cannot state with certainty
how long the process will take, since much depends on the petitioner and
his or her witnesses. Third, it does happen that, when declaring the parties
to be free to marry, the Tribunal attaches some pastoral counseling, catechesis,
or work that must be done before the one or the other party may enter
a new marriage.
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Do the parties
have the right to inspect the evidence which has been submitted to the
Tribunal for a decision?
The Code of Canon Law gives both the petitioner and
the respondent the right to review the case file in the Tribunal office
during regular business hours. After all of the evidence has been gathered,
the parties will be notified by mail of their right to review individually
the case file. Each party has the right to review the evidence gathered
to date and respond to it. Like civil law, the Church’s law recognizes
that parties cannot defend themselves if there is no opportunity to review
the material gathered in support of the ground of nullity.
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How
does the Tribunal reach a decision to grant an annulment or support the
presumption of validity?
After receiving the petition and contacting the former
spouse, the Tribunal waits for the witnesses’ forms to be returned.
After all the evidence is submitted, the Tribunal determines if a further
personal interview at the Tribunal with one of the Tribunal’s professional
consultants is required.
Next, the parties and the advocates are given the opportunity to review
the evidence. The case is then submitted to the Defender of the Bond.
The Defender’s role is to present to the Tribunal all the evidence
that supports the validity of the sacred bond of marriage. After the Defender’s
observations are submitted, the Judge studies the case and renders a written
decision based on the facts of the case and the law.
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Can the Church’s
decision to grant or not grant an annulment be appealed?
If the annulment is granted, the parties are given
the right to appeal. If the decision is appealed, the entire case is reviewed
again and a second decision given. Both parties always have the right
to appeal the decision and always have the right to appeal to the Holy
Father.
If the Tribunal does not grant an annulment, an appeal can be made, either
by the petitioner or the respondent. In such a case, it is important that
new and substantial evidence be given. There are two ordinary courts of
appeal. For the Diocese of Wheeling-Charleston, the domestic appeal court
is the Interdiocesan Tribunal of the Province of Baltimore, and the international
ordinary court of appeal is the Roman Rota of the Holy See. If the appeals
Court overturns the first Tribunal’s decision, the matter is sent
to the Roman Rota for a second decision.
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Once an annulment
is granted am I free to marry?
The annulment is granted only after two courts have
given a positive response to the petition. If the Tribunal of the Diocese
of Wheeling-Charleston grants the decree of nullity and the decision is
not appealed, Church law requires nevertheless that a second court review
the first decision to ensure the decision conforms to the proofs and that
the canonical process has been followed. In the case of an appeal of the
first decision, one of the ordinary courts of appeal must hear and resolve
the matter. In other words, it takes two “affirmatives” to
make an annulment.
When the annulment has been granted, both former spouses are free to marry.
In some cases, the Church might caution against or even prohibit an individual
from entering a marriage if there is a serious reason to believe a future
marriage will not be a happy and lasting one. To foster a future happy
and successful marriage, the Tribunal may require some marriage counseling
and preparation before a second marriage can take place.
No date can be set for a future wedding until there is a definitive, affirmative
decision to grant an annulment. There is, however, no prohibition against
the couple’s participation in the formal marriage preparation program,
or the rite of Christian Initiation of Adults with the understanding that
participation in such a program does not guarantee an affirmative decision
by the Tribunal.
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If a marriage is
annulled, what is the status of the children?
An annulment, which declared individuals free to
marry, has no civil effects; therefore, children born in lawful wedlock
remain legitimate. More importantly, the annulment process regards only
the consent of the parties to marriage and looks at what the couple brought
to their marriage; it does not touch upon or deny that a deep, interpersonal
relationship existed between the two people. Nor does it in any way deny
or cancel out the love between parent and child. The biological and emotional
relationship of mother and father to son and daughter is not destroyed
by the process of annulment. The children borne to the couple who believed
themselves to be married are, and will forever be, their children, regardless
of divorce or annulment.
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How much does an annulment
cost?
The processing of a formal case generally generates
costs of approximately $1,000.00, though this can vary depending on the
Tribunal. Most Tribunals in the United States ask that the person seeking
annulment to assist the Tribunal in meeting partially its administrative
costs by paying a set fee. This legitimate request has led to some serious
misunderstandings and the common impression that all one has to do to
receive an annulment is to pay the set fee.
For this reason, and because of the economic difficulty in which many
divorced persons find themselves, the Tribunal of the Diocese of Wheeling-Charleston
does not ask petitioners to pay any fee. Instead, each parish in the Diocese
has contributed to an endowment fund which offsets the administrative
costs of the Tribunal.
At the same time, petitioners who do not live in the Diocese of Wheeling-Charleston,
since they do not support the parishes of the Diocese which have contributed
to the Tribunal endowment, are asked to assist the Tribunal through a
fee of $250.00.
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More Questions?
If you have additional questions, please contact
your parish priest, deacon, or pastoral minister.
The Diocese of Wheeling-Charleston also has a “Question and Answer”
portion of its Web-site — www.dwc.org
— where some helpful information can be found.
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