What is a Tribunal?
The Tribunal is a court that is regulated by the laws of the Catholic Church. By the authority of the local Bishop, the court administers justice, vindicates rights and assists in the pastoral care of the people of the Diocese. It is supervised by the Judicial Vicar and staffed by other qualified personnel, whom the bishop appoints. A major function of the Tribunal of the Diocese of Baker is to investigate the validity or invalidity of marriages. Whenever Catholics or non-Catholics have been previously married, this must be done to establish whether they may enter a new marriage in the Catholic Church.
How does the Catholic Church define marriage?
The Church teaches that marriage is brought about by the consent of a man and a woman who commit themselves to each other for life, in fidelity to each other, and openness to having and educating children. In short, a sharing of the whole of their lives in an intimate union of love and support. If both parties are baptized, the marriage rises to become a Sacrament. For Catholics, the exchange of vows, in which the parties declare their consent, must be received by a priest or deacon, in the presence of two witnesses. The Church recognizes all marriages between non-Catholics which have taken place in the venue of their choice. The Church presumes that all marriages are valid unless proven to be otherwise, regardless of baptismal status.
What is an annulment?
An “annulment,” more correctly called a “declaration of nullity,” is a determination made by the Tribunal that a marriage that appeared to be valid at the time of the marriage was in fact missing an essential element. A declaration of nullity does not create a new reality; it simply states the truth about the validity or invalidity of a marriage from the very beginning. If the marriage is found to be valid from the beginning it will remain so, and the parties are bound to the matrimonial obligations until the death of one of the parties. If the marriage is declared null, then it was never a true marriage and neither party is bound to the marriage.
What is the difference between a divorce and an annulment?
A civil divorce recognizes that a marriage did exist and declares the authority to dissolve the marriage. It is a legal action taken at the end of a marriage which addresses property, custody of children, and states that both parties are legally able to enter a new civil marriage. The civil divorce has no influence on the Church investigation of a marriage. Many use the word “annulment”, however, “declaration of nullity” is the term used by the Tribunal to describe a judgement under canon law that a marriage which appeared valid at the time of the marriage was not actually valid. The marriage was found to be missing an essential element, possibly due to the existence of inadequate intentions or capabilities of either or both of the parties, at the time of their vows. A decree of nullity establishes a right for the parties to enter a new marriage in the eyes of the Church.
Who can apply for an annulment or declaration of nullity of marriage?
Either party to the marriage has a right to petition the Tribunal to examine the marriage. The applicant is called the Petitioner. It is not necessary to be Catholic to apply for a declaration or decree of nullity. All people, baptized or unbaptized, have the right to ask that their case be heard. It is necessary to demonstrate that reconciliation is no longer a possibility and that a civil divorce decree has been issued. In the Diocese of Baker, the policy is to allow one year to pass following a divorce before applying for a declaration of nullity.
Why would someone need an annulment?
If you have been previously married and divorced and you now seek to be married in the Catholic Church, you will need to apply for an annulment or declaration of nullity for that marriage. This is true if you are a Catholic or a non-Catholic, if you married in the Church or outside of the Church. Some people who have no plan to remarry, apply for a decree of nullity seeking to clarify their status within the Church, but that is not required. A divorced Catholic who has not entered a marriage outside of the Church is free to receive the Holy Eucharist, providing they are otherwise well disposed.
Will a declaration of nullity of my marriage make my children illegitimate?
No. A declaration of nullity has no effect on the legitimacy of children. Church law states that children are and remain legitimate when they are born of a union that was believed to be a valid marriage at the time. A decree of nullity has no ability to change inheritance rights or any matter addressed by the civil courts.
How do I begin the annulment process?
The first step is to make an appointment with your parish priest to discuss the marriage. He will be able to explain the nullity process and assist in filling out the required forms. Documents that are required include a copy of the marriage license, a copy of the divorce decree and, if Catholic, a recent (within 6 months) copy of your baptismal record with notations. There are additional documents and responses to a list of questions that are also required for some cases. Your pastor will help to identify what is needed for your case and he will send the completed application and the necessary documents on to the Tribunal. He will be your Advocate before the Tribunal throughout the entire process of your case.
Will my former spouse be contacted?
Yes. It is mandatory that a former spouse (Respondent) be informed that a process to investigate the marriage has begun. Canon law requires the Tribunal to protect the rights of both parties in the marriage. The former spouse has the right to participate and name witnesses if requested and to be informed of the progress and conclusion of the case. They too will be offered the services of an Advocate (usually a priest) to assist them throughout the process. The participation of the Respondent is not required for the case to proceed, but it is helpful in the Tribunal’s effort to arrive at the truth of the marriage. It is the responsibility of the applicant (Petitioner) to supply the Tribunal with contact information for the Respondent. If the Respondent is not locatable, it is required that proof of a legitimate search was conducted. When all avenues have been explored in the search, but has proved fruitless, it is at the judge’s discretion to decree the Respondent absent from trial.
Will the Tribunal judge me or my former spouse?
The nullity process is not conducted to pass judgement on the parties to the marriage in question. Rather, the ministry work of the Tribunal is simply to arrive at the truth of the marriage, without placing blame or assigning guilt of any kind. The process can sometimes evoke emotion and sorrow for the parties to the marriage. The Tribunal personnel strive to work through each case with compassion and understanding. The information submitted to the Tribunal is held in strict confidence; only those who are party to the marriage, their Advocates, and those members of the Tribunal who are necessary to the process will be privy to testimony provided.
On what does the Tribunal base a decision to declare nullity?
The Church teaches that persons have a right to marry. It further presumes that persons have a basic knowledge that marriage is a faithful, permanent union between a man and a woman and that children are a natural result of that union. If a person does not intend a faithful or permanent union or they exclude the right to have children, he/she places an invalid consent to marry. The reasons for nullity are varied and include a lack of capacity to understand or to live out the rights and obligations of marriage, a lack of knowledge or an intention against an essential part of marriage. (See Grounds for a Declaration of Nullity)
What kinds of questions are asked in the application?
Aside from naming the parties, giving contact information, date and place of marriage and divorce, additional questions are asked depending on the type of case (see Types of Cases). Questions about your upbringing, schooling and religious education are asked. Describing yourself and your former spouse, telling the story of how you met, became engaged and married are also included. Specific questions may be posed depending on the reason that validity is questioned. The Respondent will be asked the same questions if participating.
What are witnesses used for and who makes a good witness?
Witnesses help to give credence to testimony already submitted and to give a different perspective on the relationship of the parties to the marriage. They will be asked questions regarding what they know of the spouses. A good witness is a family member or friend who knew both parties from a young age, but especially at the time of the courtship, engagement and marriage. Witnesses can assure the Tribunal that it can proceed based on the reality of a given situation.
How long does the process take?
The timeframe for cases varies depending on the type of case (see Types of Cases). A case that can be proven based on documents that have been submitted will usually progress to completion in less than three months. A “formal” case, also called the ordinary process, by its thorough nature is a longer process. Cooperation of the parties and witnesses are key, and can sometimes cause delays. Additionally, there are timelines dictated by canon law that effect the steps that must be taken in each case. The Tribunal estimates that a formal case can be completed in 12 to 18 months.
Does the Tribunal grant an annulment in every case?
The role of the Tribunal is to declare the truth. If it can be proved that the marriage was invalid, it will be declared so. However, if the marriage was valid, the Tribunal cannot declare that it was invalid. Everyone has the right to ask to have their marriage examined, but there is no right to expect an affirmative decision (a declaration of nullity). If a party feels that the Tribunal came to the wrong conclusion, there is recourse to an appeal process, but the appeal must be based on new or overlook evidence.
After a Declaration of Nullity am I free to marry in the Church?
In most cases once the decree has been issued and the time for appeal has passed, the parties are free to marry in the Church, provided there are no other issues to be addressed. In the Diocese of Baker, no date may be set for a wedding until the final affirmative decision of the Tribunal has been reached. If a marriage is declared invalid, it is possible that a restriction or a condition may be placed by the judge on one or both parties if he believes that further instruction or perhaps counseling would be beneficial prior to a new marriage. Once the stipulations are fulfilled, the restriction can be lifted so that the person is free to marry. Catholic marriage preparation of six months, conducted prior to the wedding, is also required in this Diocese and cannot begin prior to the final decision.
Is there a fee for the annulment process?
Yes, the fees vary according to the type of case and cover only a small portion of the cost of instructing and processing a case. Please discuss this with your Advocate. No one is denied access to the process due to an inability to pay a fee.