The Roman Catholic
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The Roman Catholic
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Frequently Asked Questions about Marriage, Separation & Divorce:
Frequently asked questions about Nullity of Marriage: Please direct all inquiries to:
QUESTIONS CATHOLICS ASK ABOUT MARRIAGE What is Marriage? Marriage
is an intimate, exclusive, and permanent partnership of a man and a
woman which exists both for the good of the spouses themselves and the
procreation and education of children.
Marriage is brought into being by the voluntary and deliberate
exchange of consent (marriage vows) of the parties.
Once a valid or binding bond of marriage is created, its
existence no longer depends on the will of the parties themselves. For
those who have been incorporated into Christ by sacramental baptism, a
valid marriage takes on the added dimension of sacramentality. The
Catholic Church teaches that a valid, sacramental and consummated
marriage can be dissolved by no power on earth.
This is based on the Law of God rooted in the Old and New
Testaments and nearly two thousand years of Church tradition. A
marriage celebrated in accordance with the norms of law does not
guarantee its canonical validity. An
unsuccessful union may be declared invalid after investigation by the
competent authority. A
person whose marriage has experienced irreconcilable differences may
approach the marriage tribunal where qualified canon lawyers are able to
evaluate the marriage. Most
marriage nullity cases are handled and decided by local Diocesan
Tribunals. Canon law
dictates that certain cases may be reserved to the Church Courts in
Rome. For more information
see “Special Marriage Cases,” page 12 of the Archdiocesan
guidelines. Are the marriages of non-Catholics also valid? Yes.
When they marry among themselves, members of other Christian and
non-Christian communities enter presumably valid sacramental marriages
by following the formalities established by civil law.
Therefore, if one partner of a failed civil marriage wishes to
marry a Catholic, he/she must have the presumption of sacramental
validity of his/her union overturned by the competent Catholic
authority. Only members of
the Roman and Eastern Catholic Churches are bound to follow the norms of
Canon Law regarding the celebration of marriage.
QUESTIONS CATHOLICS ASK ABOUT SEPARATION Does the Catholic Church allow separation? Yes.
The essence of marriage is the mutual sharing of persons and
lives. However, the Church
does recognize that some marital situations are intolerable and,
perhaps, even detrimental to the physical, emotional and spiritual
well-being of persons. For
serious reasons, a separation may be the only way to retain any
semblance of one's dignity. Where reconciliation is at all possible, the Church exhorts all married couples to live in conjugal harmony; however, even here, no one is bound to accomplish the impossible. Should reconciliation be physically or morally impossible, then the obligation to restore marital oneness no longer binds. QUESTIONS CATHOLICS ASK ABOUT DIVORCE Can a divorced Catholic receive communion? Yes. Divorced Catholics lose none of their rights in the Church except the right to enter a new marriage until the Church declares them free to marry. All Catholics, divorced Catholics included, are free to receive the sacraments, provided they are not in a state of serious sin, (i.e. have not remarried "outside the Church," or are not cohabiting with another partner). If they are in another marital (or cohabiting) union, they are not permitted to receive the sacraments. People in such a situation are encouraged to speak with their pastor. Is there such a thing as divorce in the Church? No;
however, Catholic teaching and law refer to the possible
"dissolution" of a bond of marriage.
In certain cases, a marriage recognized by the Catholic Church
may be dissolved. Such a
dissolution means that a valid marriage may have existed, but ended when
the dissolution was granted. [Dissolution of marriage differs from
nullity of marriage which will be discussed below.] Only
two types of marriages may be dissolved by the Church: one that was
never consummated or one in which one or both parties was never
baptized. In other words, a
consummated marriage between two baptized persons can never be
dissolved. However, should
such a marriage fail, it could be examined by the Marriage Tribunal, as
could any other marriage, to see if grounds are present for a possible
Declaration of Nullity. No. However, Catholic teaching and law refer to the possible "dissolution" of a bond of marriage. In certain cases, a marriage recognized by the Catholic Church may be dissolved. Such a dissolution means that a valid marriage may have existed, but ended when the dissolution was granted. [Dissolution of marriage differs from nullity of marriage which will be discussed below.]
QUESTIONS PEOPLE ASK ABOUT NULLITY OF MARRIAGE What are the "grounds" of nullity of Marriage? Suffice it to say that the Church teaches that the consent of the two parties (i.e. their marriage vows) brings the bond of marriage into being. When a person consents to marriage, it is presupposed that the individual is aware of what he/she is doing, freely opts for marriage (as understood by the Church), and is capable of assuming the essential obligations of this partnership. An act of matrimonial consent thus implies three essential components: it is a rational decision, willed for oneself and presumes that the person is capable of living out that to which he/she has consented. Where there is a marked weakness in one or all of these areas, the quality of the matrimonial consent can be called into serious question. A decision to marry is not made in a vacuum. One's home environment, education, peer association, and many other variables contribute to the formation of an individual and his/her capacity of make real choices and accept the responsibilities implied by them. This will explain why the Marriage Tribunal has to gather information in all these areas. Any
person who wishes to clarify his/her marital status in the Church can
call the Marriage Tribunal directly or contact a parish priest who will
be able to provide him or her with a Preliminary Information Record and
information pertaining to the work of the Marriage Tribunal.
Do I have to have a civil decree of divorce before I begin annulment proceedings? Yes.
When a person approaches the Tribunal, it is presumed that all
avenues of reconciliation have been attempted and proven unsuccessful.
A civil decree of divorce provides the Tribunal with the assurance
that the common life of the couple has been terminated in an
irretrievable fashion.
Does my former spouse have to cooperate? No.
A Declaration of Nullity, though usually sought by only one party
to a marriage, has the same effect on both parties, that
is, it frees each party from any ecclesiastical/canonical bond of
marriage which was thought to have existed.
Not only has the Petitioner a right to be heard by the Tribunal,
but the Tribunal has a canonical obligation to contact
the Respondent and invite him/her to present his/her
"view" of the marriage to the Tribunal.
A marriage nullity case may not proceed unless the Tribunal has
the opportunity to contact the Respondent who alone decides whether to
co-operate with the Tribunal or not.
A marriage nullity case can proceed to conclusion without the
Respondent's involvement, but not without his/her having been contacted. What are the grounds upon which the Declaration of Nullity is made, and How are the allegations proven? There are many grounds upon which the Declaration of Nullity may be issued. A canon lawyer, will assess, which if any, ground(s) is applicable in any particular union, after having spoken with both the Petitioner and the Respondent. The code of canon law lists a number of grounds which may be applicable given the various circumstances The
Petitioner must name at least three witnesses who knew both parties
during the courtship and common life.
The Respondent has the right to nominate witnesses.
In some cases there may be medical, psychological, and/or
psychiatric reports available shedding light on a marriage which may be
requested by the Tribunal. Consent
by the Parties will be obtained for such reports through the appropriate
governmental medical release forms.
How long does the annulment procedure take? Each case is unique with its own degree of difficulty; therefore, no set time can be given for processing any particular case. Plans for a subsequent marriage cannot be made until the whole nullity process has been completed and only if a Declaration of Nullity has been finalized. The Kingston Tribunal cannot be held responsible for any arbitrary promises made by well-intentioned priests, religious or lay persons relative to the merits of a case, its ultimate outcome, or time frames for its successful completion.
Does everyone who applies obtain a declaration of nullity? No.
Some requests are denied, but the majority of those who have
their petitions accepted by the Tribunal are successful in obtaining an
ecclesiastical Declaration of Nullity of marriage.
No guarantees can ever be given regarding the final outcome of a
case. In the Kingston
tribunal a canon lawyer, after speaking with the Petitioner, will try to
indicate from the beginning of the case whether there appear to be
grounds for nullity or whether a case may present particular
difficulties. It may be that a particular marriage was and is valid, even though the spouses have separated and divorced. The Tribunal investigation may conclude that the nullity of marriage in question is not proven even though the marriage has broken down and, thus, no Declaration of Nullity may be granted. There are also times when the grounds of nullity, even if they may exist, are not provable according to the laws of the Church: perhaps, witnesses are unavailable or are unaware of the difficulties in the marriage; perhaps, the evidence is so conflicting and contradictory that a final decision is virtually impossible.
Does a declaration of nullity mean automatic freedom to remarry? No.
The Church is concerned that the sanctity of marriage be upheld
and that the rights of a prospective spouse are protected.
Because the Church wishes to prevent the Petitioner and the
Respondent from entering another invalid marriage, the Tribunal may deem
that it is necessary to restrict or delay one or both parties from
exercising their right to marry in the Church.
Are there any civil effects to a declaration of nullity? No. A Declaration of Nullity in Canada is solely for the spiritual well-being of the parties and has no civil effects. Questions regarding custody of children and their support, alimony, and property settlement are decided in the civil courts. The Declaration of Nullity does not have any effect on those decisions. Does a declaration of nullity make my children illegitimate? No!
The law of the Church clearly states:
"Children conceived or born of a valid or putative marriage
are legitimate." A
putative marriage is one that was entered into with good faith on the
part of at least one of the parties. Since
virtually all marriages are entered into with good faith on the part of
one of the parties, we can say with confidence that the status of
children is not affected by the granting of a Declaration of Nullity.
Does a declaration of nullity say I was living in sin when I thought I was married and wasn't? No.
A Declaration of Nullity states that your relationship did not
fulfil all the requirements for a valid marriage in the eyes of Church
law; it does not say that there was no relationship.
As to "living in sin," a person cannot commit sin if he
or she was not aware of the nullity of marriage at the time they lived
together. It is the task of the Marriage Tribunal to discover the truth pertaining to a given marriage and to judge whether or not all the essential elements were present in order to bring a valid bond of marriage into being. It is not the task of the Marriage Tribunal to condemn persons or impute guilt. We should never be afraid of the truth. As Christ himself states: "The Truth will set you free!" Are there any costs attached to these procedures? Yes; however, the ability to make a contribution to the Tribunal has no bearing on the issuance of a Declaration of Nullity. Because the costs involved in processing each case are considerable, the Archdiocese of Kingston suggests that the Petitioner contribute twenty-five per cent toward the costs incurred in bringing a marriage nullity case to conclusion. No one will be denied the opportunity to have his/her marriage investigated with the possibility of it being declared invalid because of his/her legitimate inability to make the contribution. Financial considerations will be discussed individually with the Petitioner at his/her first interview. |
Tribunal Paperwork:
(forms
are to be completed, signed, sealed, and Annulment Paperwork:
Lack of Canonical Form:
________________________________________ Dear Friends in Christ: This
section addresses those seeking reconciliation with the Church following
a civil divorce and remarriage "outside the Church," or those
who wish to have their status clarified after a civil divorce. The
Catholic Church upholds the dignity, sacredness and permanence of
marriage. While the teaching
of the Church on the indissolubility of a valid and sacramental marriage
is constant and will not change, the ministry of the Church must
nonetheless respond to those life situations in which the grace and
peace of the Lord are needed most. Christ
the Lord calls upon the community of believers, the Church, to be a
community of healing and reconciliation.
The legal procedures of the Church and their application are
based on the principles that our faith community cares about those who
have experienced marital failure and that we wish to reconcile, in a
public way, those who wish to experience wholeness after the failure of
marriage. This
section has been prepared to acquaint you with the position of the
Catholic Church on common questions concerning Christian marriage,
marital separation, divorce and nullity of marriage. Should
you have any further questions or matters requiring clarification,
please do not hesitate to contact the Catholic
Marriage Tribunal.
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