Isabella Carter
The Catholic Church considers marriage a lifelong bond, and divorce is a civil law and secular court function. Thus, divorced Catholics seeking to remarry in the Church must obtain an annulment, or a declaration of nullity, which states that a marriage thought to be valid was not legally binding. This could be due to defects in consent, the psychological capacity of one of the parties, or the absence of essential elements such as the intention to marry for life, to be faithful, and to be open to having and raising children. The annulment process involves a tribunal, or church court, that examines testimony and evidence to determine if the marriage was invalid from the beginning. It is important to note that an annulment does not erase history or invalidate the existence of the marriage but deals solely with the sacrament of marriage.
| Characteristics | Values |
|---|---|
| What is an annulment? | A declaration by a Church tribunal (a Catholic Church court) that a marriage thought to be valid according to Church law fell short of at least one of the essential elements required for a binding union. |
| What is a declaration of nullity? | A declaration by the Church that a marriage which was thought to be valid was not legally binding. |
| What is the difference between divorce and annulment? | Divorce is concerned with the legal realities of marriage; annulment is concerned with the religious and spiritual element—the sacrament of marriage. Divorce focuses on the end of a marriage; annulment looks at the beginning, the very moment the couple got married. |
| Who can get an annulment? | A divorced Catholic who wants to remarry lawfully in the Church. |
| What are the requirements for a valid marriage? | In consenting to marry, the couple must have the intention to marry for life, to be faithful to one another and be open to having and raising children. Their consent must be given in the presence of two witnesses and before a properly authorized Church minister. |
| What constitutes an annulment? | Proof that the marriage was never valid to begin with at the time when the couple got married. |
| What are the types of annulment? | Ordinary judicial process, process before the bishop, documentary process, or a process before a Roman court. |
| What are the grounds for annulment? | Defect of form, defect of contract, defect of willingness, defect of capacity. |
| What is the cost of annulment? | The fee requested for an annulment process varies from one Tribunal to another. In the Diocese of Harrisburg, the requested fees range from $100 to $500. |
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What You'll Learn
Civil divorce vs. church annulment
A civil divorce is the legal dissolution of a marriage, recognised by the state, which gives the right to remarry. It deals with the practical and legal aspects of ending a marriage, such as dividing property and determining child custody. In the eyes of the law and government, a marriage has ended. However, the Catholic Church does not acknowledge civil divorce as a valid reason for a Catholic to remarry within the Church.
The Church believes that marriage is a lifelong bond, and that only death can dissolve a marriage. For a Catholic to remarry in the Church, they must obtain a declaration of nullity, often referred to as an annulment. This is a declaration by a Church tribunal that the marriage was not valid according to Church law. The tribunal examines whether the marriage was missing essential elements for a binding union, such as the intention to be faithful and open to having children, or the presence of witnesses and a Church minister.
The annulment process can be lengthy and emotional, and both spouses have equal rights in the proceedings. It is a common misconception that annulment fees cost thousands of dollars, but in reality, the fees vary and no one is turned away due to inability to pay. The Church also recognises the marriages of non-Catholics as binding and requires a declaration of nullity before a Catholic can marry a divorced non-Catholic.
A civil annulment is a legal declaration that a marriage never existed due to a legal defect, and it has legal consequences such as the inability to claim alimony. In contrast, a religious annulment has no legal impact on one's relationship status. It simply means that the Church has recognised that a valid marriage never existed according to Church law. It allows individuals to have a fresh start within their Church and be eligible to remarry within the Church in the future.
While civil divorce deals with the legal realities of ending a marriage, a church annulment focuses on the religious and spiritual elements, examining the sacrament of marriage. It does not erase the history of the marriage and does not declare that the marriage never took place. Instead, it states that the sacrament of marriage was missing, and as such, the marriage was not valid in the eyes of the Church.
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Grounds for annulment
The Catholic Church considers marriage a lifelong bond, and so requires divorced persons to obtain a declaration of nullity, or an annulment, before remarrying in the Church. The Church tribunal, or court, examines whether the marriage was invalid from the beginning, or void ab initio, by investigating whether something essential was missing at the time of consent.
The petitioner, or person requesting the annulment, submits written testimony about the marriage and a list of people familiar with the marriage, who can be questioned. The respondent, or other spouse, has a right to be involved in the process. The Church requires proof of at least one of the essential elements required for a binding union to be missing.
The grounds for annulment, or defects, fall into four categories: defect of form, defect of contract, defect of willingness, and defect of capacity. A defect of form occurs when the marriage ceremony is invalid, such as two Catholic people being married outside of the Catholic Church. A defect of contract occurs when there is a defect of intent on either side, such as when a man is already validly married to someone else. A defect of willingness may occur when one or both parties do not have the intention to marry for life, to be faithful, and to be open to having and raising children. A defect of capacity may occur when there is a psychological incapacity on the part of one of the parties, such as mental illness.
Annulments are not the same as divorce, which is a civil process. Annulments are concerned with the religious and spiritual elements of marriage, and do not erase the fact that a marriage took place. They simply state that the marriage was not a sacrament.
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The annulment process
The tribunal will examine information submitted by one or both former spouses to determine if all the requirements for a valid marriage were present in their union. These requirements include the internal dispositions of the parties and a proper understanding of what marriage entails. For a Catholic marriage to be valid, the couple must intend to marry for life, be faithful to one another, and be open to having and raising children. Their consent must also be given in the presence of two witnesses and before a properly authorized Church minister.
If the tribunal decides in favor of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal is lodged or the decision includes a prohibition until certain underlying issues are resolved. It is important to note that the burden of proof rests on the petitioner, and not all petitions for annulment are granted.
The length of the annulment process depends on the type of process followed, such as the ordinary judicial process, the process before the bishop, a documentary process, or a process before a Roman court. The fees for the annulment process vary but generally range from $100 to $1000, depending on the locality and the type of case. In some cases, the fee may be waived or reduced based on financial need.
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The role of church tribunals
The Catholic Church considers marriage a lifelong bond, and divorce is not recognised by the Church. Instead, a divorced Catholic seeking to remarry in the Church must obtain a declaration of nullity, commonly known as an annulment. This is a determination by a Church tribunal, or Catholic Church court, that a marriage thought to be valid according to Church law fell short of at least one of the essential elements required for a binding union.
The tribunal process seeks to determine if something essential was missing at the moment of consent, that is, the time of the wedding. If so, the Church can declare that a valid marriage was never actually brought about on the wedding day. The tribunal will look at information submitted by one or both of the former spouses to see if all the requirements for a valid marriage were present in their union. These requirements include the intention to marry for life, to be faithful, and to be open to having and raising children, as well as the presence of two witnesses and a properly authorised Church minister.
The petitioner, or person asking for the declaration of nullity, submits written testimony about the marriage and a list of people familiar with the marriage, who must be willing to answer questions about the spouses and their marriage. If the other spouse did not co-sign the petition, they will be contacted by the tribunal and given the right to be involved. Both the petitioner and the respondent can read the testimony submitted, except that protected by civil law (e.g. counselling records). Each party may also appoint a Church advocate to represent them before the tribunal.
A representative for the Church, called the defender of the bond, will argue for the validity of the marriage. If the tribunal decides in favour of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal is lodged or the decision includes a prohibition against one or both parties marrying until certain underlying issues have been resolved.
The length of the process depends on the type of process followed, which could include an ordinary judicial process, a process before the bishop, a documentary process, or a process before a Roman court. The tribunal fee varies from one tribunal to another, and no one is ever turned away from a tribunal because of their inability to pay a fee.
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Children of annulled marriages
The Catholic Church considers an openness to children to be a natural and essential part of sacramental marriage. However, whether any children were actually born or not has no bearing on the possibility of an annulment. If children were born, it is important that both parents live up to their natural and legal obligations to their children.
The Church declares that all the children born of an annulled marriage are legitimate. The designation "illegitimate" is reserved for those born out of wedlock, which is not the case in an annulled marriage. The Church will always say that the couple was married, and the annulment simply states that the marriage was not a sacrament.
A divorced Catholic cannot remarry lawfully in the Church without obtaining a declaration of nullity, or annulment. This is a declaration by the Church that a marriage which was thought to be valid was not legally binding. This might be because of a defect in the consent given on the day of the wedding, or a defect in the psychological capacity of one of the parties.
The annulment procedure examines whether the union did in fact reach its fullness and become all that the Church believes a marriage to be. It is a myth that the typical marriage annulment takes three years or more to complete. Tribunals do give negative decisions, and the burden of proving a case rests on the petitioner. The fee requested for an annulment process does vary from one tribunal to another, but no one is ever turned away because of their inability to pay a fee.
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Frequently asked questions
An annulment, or declaration of nullity, is an official declaration by the Catholic Church that a marriage did not meet the requirements for validity. The Church tribunal, or court, examines whether the union reached its fullness and became all that the Church believes a marriage to be.
A declaration of nullity is based on a defect of form, contract, willingness, or capacity. For example, if the marriage ceremony is invalid, or if there is a defect in the consent given on the day of the wedding.
The petitioner, or person asking for the declaration of nullity, submits written testimony about the marriage and a list of people familiar with the marriage. If the other spouse did not co-sign the petition, they will be contacted and have the right to be involved. Both parties will be able to read the testimony submitted.
Divorce is concerned with the legal effects of marriage, while annulment is concerned with the religious and spiritual element—the sacrament of marriage. Divorce focuses on the end of a marriage, while annulment looks at the beginning, the moment the couple said "I do".
