The Roman Catholic
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The Roman Catholic
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CATHOLIC MARRIAGE TRIBUNALFrequently 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? The Catholic Church teaches that 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. A unsuccessful union may
be declared invalid after investigation by the competent authority. A
person whose marriage has experienced irreconcilable differences should
approach the marriage tribunal where qualified canon lawyers can
evaluate the marriage. Most marriage nullity cases are handled and
decided by the diocesan tribunal, a branch of The Toronto Regional
Tribunal. Only some appeal and special cases must be submitted to the
Church courts in Rome. Are the marriages of non-Catholics also valid? Only members of the Roman and Eastern Catholic Churches are bound to follow the norms of Canon Law regarding the celebration of marriage. When they marry among themselves, members of other Christian and non-Christian communities enter presumably valid 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 validity of his/her union overturned by the competent Catholic authority. QUESTIONS CATHOLICS ASK ABOUT SEPARATION Does the Catholic Church allow separation? 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? 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 were 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. In order for a dissolution of marriage to be granted (by the diocesan Bishop or by the Pope), certain conditions must be met, and clear proofs must be available. In the Archdiocese of Kingston, marriage dissolutions are dealt with through the Chancellor's Office, not through the Marriage Tribunal. 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. In the Archdiocese of Kingston any person who wishes to clarify his/her 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? It is presumed that, when a person approaches the Tribunal, all avenues of reconciliation have been attempted and proven unsuccessful. While not absolutely necessary prior to initiating a case of nullity of marriage, 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. A decree of divorce will be requested before a final decision is reached in a marriage nullity case. Does my former spouse have to cooperate? A Declaration of Nullity, though usually sought by only one party to a marriage, has the same effect on both parties, i.e., 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 "side" 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. How are the allegations proven? At least three persons who have known the Petitioner and the Respondent well during their courtship, at the time of the marriage and into the early part of the marriage and are willing to be interviewed must be named by the Petitioner as witnesses. The Respondent may also 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. 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 then, only if a Declaration of Nullity has been granted. 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 it's successful completion. Does everyone who applies obtain a declaration of nullity? 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, as elsewhere, the Tribunal staff 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 had broken down, and thus no Declaration of Nullity can 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? The Church is concerned that the sanctity of marriage be upheld and that the rights of a prospective spouse be 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/to delay one or both parties from exercising their right to marry in the Church. This is done when the evidence leading to the issuance of Declaration of Nullity has revealed the existence in the person(s) of conditions that could be remedied through professional counseling. The Church wishes to prevent the recurrence of conditions/situations which invalidated the previous attempt-at-marriage. Are there any civil effects to a declaration of nullity? A Declaration of Nullity in this country is solely for the spiritual well-being of the parties. Questions of custody of children and their support, alimony and property settlement are decided in the civil court. The Declaration of Nullity procedure 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. It is important to note that a declaration of nullity does not excuse either parent from his/her natural obligations toward the children or the other spouse. The Church will ask for assurance that the obligations of child and spousal support are being met prior to authorizing a new marriage. Does a declaration of nullity say I was living in sin when I thought I was married and wasn't? A Declaration of Nullity states that your relationship did not fulfill 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? 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. |
Marriage Tribunal Paperwork(forms are to be completed, signed, sealed,
and
Dear Friends in Christ:This page on our web site is addressed to 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 principle that our faith community cares about those who have experienced marital failure, that we wish to reconcile, in a public way, those who wish to experience wholeness after the failure of marriage. These pages have 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 this Tribunal office or your parish priest. Sincerely yours in the Lord,
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