Types of Cases

Marriage is brought about by the consent of one man and one woman.  For a marriage between two baptized Catholics or in which one party is Catholic, the exchange of consent to marry must be received by a Catholic priest or deacon in the presence of two witnesses.  For those who are not Catholic, the Church accepts the lawful marriage of parties in whatever venue is their choice.  If the parties to the marriage are both baptized Christians, the marriage is also considered a Sacrament and cannot be broken by any human power.

The Catholic Church holds that all marriages are valid until it can be proven otherwise.  At the same time, the Church recognizes that unfortunately some marriages do not endure and end in civil divorce.  It is then that one of the parties in the marriage may approach the Tribunal to investigate the status of their marriage, usually because they anticipate a new marriage in the Church.

When Granting a Declaration of Invalidity, the Church is acknowledging:

• There was a marriage that appeared valid.
• However, from the beginning, it was lacking something that is essential to make a true marriage between the parties.
• Everyone assumed on the wedding day that a valid marriage took place, but it was not a marriage as God intends.
• The Church does not take a valid marriage and make it into a non-existent marriage; it must be proven to not have been a valid marriage from the start.
• The grace of God was active in the individual lives of the parties, but it cannot be said the grace of God was active in their union, because a true union was not established.

The intention and the capacity of the parties to consent to marry and their ability to live out the obligations of marriage are key to most formal investigations carried out by the Tribunal.  They include the use of testimony, witnesses and documents.  There are also other types of investigations that require the scrutiny of documents and affidavits.  Regardless of the process, no date can be set or preparation begun for a new wedding until the case is completed.  Anyone who is a party to the marriage has the right to ask that the Church determine whether their marriage is invalid. 

Explanations of the different processes follow:

Marriage Nullity due to a Lack of Form

When a wedding occurs and at least one party is a baptized Catholic, the exchange of vows must be received on behalf of the Church by a Catholic priest or deacon and in the presence of two witnesses.  Marriage nullity may be decreed if the proper canonical form is not observed, without a dispensation.  In the Diocese of Baker, a Decree of Nullity for Lack of Canonical Form is issued by the Office of the Tribunal.

Lack of Form Case Checklist

• Petition Form for Decree of Invalidity for Lack of Form must be completed, signed by both the Petitioner and Pastor/Advocate, dated, and authenticated with the parish seal.

 

• Catholic Baptismal Certificate of the Catholic party. The certificate must be issued within the last six (6) months, complete with notations, if applicable. It must be signed by the priest, dated, and with the parish seal. If there is no record of baptism, an authentic, sworn written testimony of at least two witnesses affirming the fact of baptism is required, signed by the witnesses.

 

• Copy of Official Marriage License/Certificate. This is usually obtainable from the concerned civil registry or jurisdiction by the Petitioner, Respondent, or any other qualified person.

 

• Authentic Final Decree of Dissolution/Divorce of Marriage.  Does not need to be a certified copy, however, all pages of the Decree must be submitted, and the final page must show a date and signature of the Presiding Judge.

 

Marriage Nullity due to the Defect of Canonical Form

Marriage nullity due to the Defect of Form occurs when a baptized Catholic, in an attempt to observe the essential elements of the canonical form (c. 1108) omits one or more elements. Similar to a Lack of Form, the exchange of marriage vows must be exchanged before a properly delegated Catholic priest or deacon, who must request and receive through approved verbal means, the marital consent from both parties, and in the presence of two witnesses.
 
Marriage invalidity due to the Defect of Form is established if:

1. The officiating priest or deacon lacked the proper faculty or delegation to witness the exchange of marriage contract.
2. The officiant did not request and receive the consent of the parties or received the consent of only one party while another minister (undelegated Catholic or non-Catholic minister) requests and receives the consent of the other party.
3. The exchange of marriage vows was omitted altogether in the course of the marriage ceremony.Other essential elements of the canonical form are absent.

 
Defect of Form Case Checklist
 

• Petition Form for Decree of Invalidity must be completed, signed by both the Petitioner and Pastor/Advocate, dated, and authenticated with the parish seal. 

 

• Catholic Baptismal Certificate of the Catholic party. The certificate must be issued within the last six (6) months, complete with notations, it must be signed by the priest, dated, and with the parish seal. If there is no record of baptism, an authentic, sworn written testimony of at least two witnesses affirming the fact of baptism is required, signed by the witnesses.

 

• Copy of Official Marriage License/Certificate. This is usually obtainable from the concerned civil registry or jurisdiction by the Petitioner, Respondent, or any other qualified person.

 

• Authentic Final Decree of Dissolution/Divorce of Marriage.  Does not need to be a certified copy, however, all pages of the Decree must be submitted, and the final page must show a date and signature of the Presiding Judge.

 
 
Marriage Nullity Due to Prior Bond, or Ligamen

The declaration of marriage nullity due to the impediment of Prior Bond of Marriage (also known as Ligamen) is one of the functions performed by the Marriage Tribunal of Baker. The Ligamen process is based on the Church’s teaching that all marriages are true marriages that can only be terminated by death, or a declaration of invalidity. Prior Bond, Ligamen, cases are decided on documentary evidence, which testify to the fact that a person was either not free to enter a new marriage or had married another party who was bound by a previous bond of marriage, thereby resulting in an invalid marriage.
 
Check List for Marriage Nullity Due to Prior Bond
 

• Petition Form for Decree of Invalidity must be completed, signed by both the Petitioner and Pastor/Advocate, dated, and authenticated with the parish seal. 

 

• Advocate’s evaluation of the Petitioner

 

• The original marriage application/license (civil) and final divorce decree for the marriage between the Petitioner and former spouse (Respondent). These documents can be obtained from the concerned civil registry.

 

• The marriage application/license (civil) and final divorce decree for the spouse’s previous marriage. These documents can be obtained from the concerned civil registry.

 

• Baptismal certificates of any Catholic party, issued within the last six months, complete with notations if applicable, signed by the priest, dated, and sealed. If there is no record of baptism, an authentic, sworn written testimony of at least two witnesses affirming the fact of baptism is required, signed by the witnesses.

 
Formal Judicial Case

A Formal Case is presented to the Tribunal when it has been demonstrated that the marriage was performed according to the proper form for Catholics or the proper venue and form for non-Catholics, and both parties were free to many.  Consent was exchanged and a bond appeared to have been established.  It then falls to the Petitioner (the person seeking a decree of nullity for the marriage) to prove that something was missing or flawed when consent was exchanged at the time of the wedding. If proof can be demonstrated, the marriage is decreed null; if proof is not sufficient, the marriage bond will be presumed to be valid and binding.

The Court is open to many kinds of proofs when considering the validity of a marriage.  The primary proofs come from the testimony of the Petitioner and the Respondent (the former spouse).  They are asked to answer many questions regarding their background, courtship and marriage, and attitudes toward marriage. Testimony can be in written form or in a personal interview with Tribunal personnel. It can be a very emotional and challenging process, but many find it to be a healing process as well.  Witnesses, family or friends, are also able to provide testimony and can be very helpful to a case. Experts are sometimes used, such as a counselor or physician.  Confidentiality is appropriately maintained.
The Formal process is the longest of the case types; it may be complete in less than a year, but the process can take up to eighteen months or longer in order to gather necessary testimony.  There are many steps and timelines in a formal case procedure outlined by canon law.  It is necessary that the Respondent be informed of the process and his/her rights be protected before the Court in order to allow them to participate as they so choose.

Not all marriages brought before the Tribunal are found to be invalid; the Court may uphold the bond of the marriage, which would mean that the parties are not free to marry in the Church.  The judge must be able to reach moral certitude in order to find in the affirmative; that is, that the marriage was not valid from the time of the vows and is decreed null.  If the case is found in the affirmative, the parties will be informed that they are free to marry in the Catholic Church.
 
Checklist for Formal Process
 

• Petition Form for Decree of Invalidity must be completed, signed by both the Petitioner and Pastor/Advocate, dated, and authenticated with the parish seal.

 

• Contact information for the Respondent must be included in order to protect their rights and allow them to participate if they choose.

 

• Catholic Baptismal Certificate of the Catholic party The certificate must be issued within the last six (6) months, complete with notations, if applicable, signed by the priest and sealed. If there is no record of baptism, an authentic, sworn written testimony of at least two witnesses affirming the fact of baptism is required, signed by the witnesses.

 

• Copy of Official Marriage License/Certificate This is usually obtainable from the concerned civil registry or jurisdiction by the Petitioner, Respondent, or any other qualified person.

 

• Authentic Final Decree of Dissolution/Divorce of Marriage  Does not need to be a certified copy. However, all pages of the Decree must be submitted, and the final page must show a date and signature of the Presiding Judge.

  

• A completed Marital History Questionnaire A comprehensive history of upbringing, courtship and marriage.

  

• A List of Witnesses Those who knew the parties at the time of courtship and marriage and are willing to truthfully answer questions posed by the Tribunal.

 

• An Oath to be truthful in all written and verbal testimony signed by the Petitioner.

 

• Advocate’s evaluation of the Petitioner and the marriage

 

• Petitioner’s Agreement to a Formal Case to abide by the obligations and expectations of the process.

 
 
Dissolutions of Marriage
 
Dissolutions of Marriage differ from decrees of nullity in that a valid marriage is dissolved by a privilege under certain circumstances.  No one has a right to the privilege; it is given under certain circumstances. Requirements must be fulfilled by the Petitioner (the person applying for the privilege) as a condition of the privilege or it will not be granted. The two main circumstances in which a dissolution of marriage may be sought are the Pauline and the Petrine Privileges. 
 

Pauline Privilege
 
Pauline Privilege refers to the dissolution of a marriage between two unbaptized persons.
 
To invoke the Pauline Privilege:

• Both parties must have been unbaptized at the time of marriage, and the other party must remain unbaptized.
• Proof of non-baptism of both parties at the time of the marriage must be established.
• The Petitioner must sincerely seek to be baptized.
• The other party does not intend to be baptized and does not wish to be reconciled with the Petitioner.

 
Procedure: The following are to be submitted to the Tribunal, using the required forms and questionnaires:

1. The completed petition form.
2. Authentic copy of the marriage license.
3. Final decree of divorce.
4. Petitioner’s testimony, plus names and addresses of two witnesses regarding non-baptism (parents, older relatives, etc.)
5. Respondent’s testimony and/or address, plus names and addresses of two witnesses regarding non-baptism.

 
There are also some specific guidelines which must be followed in order to decide if a case qualifies for the Pauline Privilege.  This will be determined by the Tribunal.  It is important that the Petitioner is planning to marry as the first marriage is dissolved only when the Petitioner, having been baptized, enters into a second valid marriage.
 

Petrine Privilege or Favor of the Faith
 
Favor of the Faith, or Petrine Privilege refers to the dissolution by the Holy Father of a marriage in which at least one party remained unbaptized during the entire period of common life.
 
Conditions:

1. All honest attempts at reconciliation have failed.
2. The non-baptism (before and throughout the course of the marriage) of at least one of the parties to the marriage has been established.
3. The Petitioner and the prospective spouse or present civil spouse were not the culpable cause of the breakup of the marriage.
4. The petitioner has a prospective (or present) new spouse.
5. No scandal may result from the granting of the dissolution.
6. Efforts must be made to secure the present whereabouts and testimony of the Respondent.
7. A Catholic Petitioner must do everything possible to ensure the religious education of the children from the former marriage.
8. The principles of justice toward the previous spouse and any children of the former marriage must be fulfilled by the Petitioner.
9. The Catholic parties must seriously practice their Faith.
10. There are other conditions regarding the privilege that are explained more fully before the instruction of the case.

The Tribunal evaluates the case to determine if the basic elements of a Favor of the Faith are verified and proceeds with the processing of the case.  The case is forwarded to the Congregation for the Doctrine of the Faith (CDF) in Rome.  The Petitioner and Advocate are informed by the Tribunal of the eventual decision given in Rome.