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Information for the Petitioner
As a party interested in determining your marital status in the Catholic Church, you may submit a petition to the Church to initiate that process. As a result you, the petitioning party, become the petitioner. By default, your former spouse becomes the respondent in the proceedings before the Tribunal. Below is just some of the information you should know about the process before submitting your case.
What is marriage?
The Catholic Church teaches that the covenant of marriage is a lifelong and exclusive partnership of a man and a woman. Marriage is a holy vocation or calling that by its very nature promotes the good of both spouses and is open to the procreation and education of children. Christ has raised marriage between two baptized persons to the level of a sacrament.
Marriage comes into being by the free and unimpeded act of giving marital consent by both spouses. Church law presumes all marriages valid and thus indissoluble as long as both parties remain alive. While many civil governments have created divorce as a means to end a legally contracted marriage, Catholics believe that the marriage bond, by its very nature, cannot be dissolved by any civil power. Thus the marriage bond remains in place until it can be established that valid marital consent was not exchanged.
The Tribunal of the Diocese of Manchester
The Tribunal of the Diocese of Manchester assists the Bishop of Manchester in accord with Church law in carrying out his responsibility as the shepherd of the local Catholic community. Overseeing the ministry of the Tribunal is a priest appointed by the bishop to be his judicial vicar. Qualified lay persons and clerics trained in church law are appointed by the bishop to serve on the Tribunal. Judges decide each case after evaluating the merits of the petition for a declaration of invalidity, and defenders of the bond safeguard the presumed validity of each marriage examined. Various other court officials contribute to the process at appropriate times.
Status of Divorced People in the Catholic Church
Divorced Catholics who have not attempted remarriage outside of the Church are full members of the Church with the same rights and obligations as those of any other Catholic.
Catholics who are divorced and have attempted remarriage without a declaration of invalidity of their previous marriage are not free to receive the sacraments but are encouraged to practice their faith to the extent that they are able. Although, because of their present situation, they cannot receive Holy Communion, they are not currently ‘excommunicated’ as that term is properly understood in canon law. Like all other Catholics, those who have attempted (re)marriage outside of the Church still are obliged to attend Mass on Sundays and other Holy Days of Obligation.
What is the Marriage Invalidity Process and Why Does It Exist?
Jesus taught that marriage is indissoluble. Once people get married, they are married until one of them dies, even if they someday separate, justifiably or otherwise. A married person’s vocation is to lifelong fidelity to the marital covenant, even when (in cases of abandonment or necessary separation) that means living as though celibate. Christ knew our human nature and he knew that this was a hard teaching. He was already challenged and ridiculed for it in his own time, but he did not back down from it one bit.
With that being said, there are certain marriages that are invalid from the start. They have the outward appearance of a marriage and are usually entered into in good faith, but because of some impediment, some defect of consent, or some problem in the form of the marriage celebration, they are never truly valid marriages. If the marriage was truly invalid, and if that fact is proven in an Ecclesiastical Court, then one or both of the parties may be free to marry another.
Neither spouse can simply decide privately that the marriage is invalid and that they are free to move on. The marriage invalidity process is a judicial process developed over the centuries to allow people who believe that their marriage was invalid from the beginning to attempt to prove that fact, all the while safeguarding the rights of both parties and upholding the dignity and indissolubility of marriage. A declaration of invalidity does not and cannot dissolve an existing marriage; rather it is an official declaration by the Church that it has been proven beyond a reasonable doubt that a given marriage was invalid from the start. When a marriage is actually invalid, declaring that fact is a good and just thing.
Marriages of non-Catholics
Some individuals whose marital status in the Church needs to be clarified may not be Catholics. The Catholic Church presumes the validity of all marriages celebrated according to the rites of all religions, Christian and non-Christian, or even celebrated only civilly. Thus those of another religion (or no religion at all) who are divorced from their spouse must submit a petition for a declaration of invalidity to a church Tribunal and receive an affirmative decision if they wish to marry a Catholic in a Catholic Church. The Church respects the marriages of non-Catholics and Catholics equally. The validity of every marriage is presumed until the contrary has been established.
Definition of a Declaration of Invalidity by a Catholic Tribunal
A declaration of invalidity by a Tribunal of the Catholic Church is a pronouncement based on Church law and Catholic doctrine that the act of consent of a particular man and woman was lacking in qualities essential for a true and valid marriage to come into existence. To make such a pronouncement, Church law is applied to the facts surrounding the marriage in question. After both parties are heard, witnesses have testified, and the defender of the bond has offered comments, the decision is made by a panel of three judges or in some cases a single judge. If the decision is reached that the act of consent in question was lacking or defective in some essential way, the Tribunal acknowledges that fact by issuing a declaration of invalidity.
Effects of a Declaration of Invalidity by a Catholic Tribunal
A declaration of invalidity is a declaration that a truly valid marriage (as understood by the Catholic Church) never existed between the two parties. As a result of this declaration, one or both parties are therefore free to marry. In the United States, no civil effects are connected to a declaration of invalidity issued by an Ecclesiastical Tribunal. Children born of a marriage that is later declared invalid are legitimate. Civil matters regarding child custody, child support and alimony, as well as the divorce itself, must be resolved before a petition for invalidity is submitted to the Diocesan Tribunal.
The Rights of Both Parties
Any person (petitioner) may submit a petition to a Tribunal alleging the invalidity of his or her marriage. The petition must contain the reason(s) why the marriage is believed to be invalid. The other party (respondent) has a right to be notified of the petition and has a right to address the allegations made by the petitioner. Each of the parties has a right to name witnesses. The Tribunal contacts the respondent as well as the witnesses submitted by each party. If a decision is given by the Tribunal that is opposed by either or both parties, both the petitioner and the respondent have the right to appeal the decision to the usual appellate Tribunal or to the Roman Rota.
Initiating the Petition for a Declaration of Invalidity
To begin the process a petitioner may approach a parish priest, deacon, or pastoral minister. This person assists the petitioner in preparing the Petition for a Canonical Investigation of a Marriage. The petitioner must provide his or her certificate of baptism (if Catholic), the marriage license and final decree of divorce, along with verified contact information for the respondent, and the names and addresses of several witnesses who are familiar with the circumstances present in the courtship and married life. The testimony of credible witnesses is essential in resolving the issue of an alleged invalid marriage.
The Process of Judging a Petition
Once the petition has been submitted to the Tribunal and competence to hear the case has been determined, the petitioner will be notified to contact a Field Advocate in their area to provide preliminary information in a recorded interview. This interview will then be submitted to the Tribunal by the Field Advocate, and various forms of correspondence will follow. The respondent will be contacted by certified mail and will be asked to respond regarding his or her desire to participate in the process. Witnesses for both parties will be contacted and asked to respond to a questionnaire. The petitioner and the respondent are informed at each phase of the case. Once the information needed has been gathered, the parties and their advocates have the right to review the materials at the Tribunal office (publication of the acts). The defender of the bond then studies the case and offers to the assigned judge(s) observations as to the merit of the case. The judge(s) must evaluate the case and pronounce the decision. Both parties and their advocates have the right to read the decision of the judge(s) at the Tribunal office (publication of the sentence). Either party has the right to appeal the decision of the judge(s) within fifteen days of publication of the sentence.
Grounds of Invalidity
The validity of a marriage may be challenged if a person questions whether a quality essential to marriage was absent from consent at the time of the wedding ceremony. Behavior during the courtship and, to a lesser extent, during the time of married life may give some indication that grounds of invalidity exist. The canonical grounds for invalidity of marriage are described in detail in the Tribunal booklet, The Annulment Process: Pastoral Care to the Divorced.
Access to Information Gathered by a Church Tribunal
Testimony gathered by the Church Tribunal is available only to the Tribunal officials assigned to the case, the petitioner, the respondent, and their advocates. All materials relative to the trial are treated with the solemnity required by church law.
Time Involved
Due to the variety of cases submitted and the requirements of Canon Law, it is not possible to indicate a precise time within which a petition will be decided. The petitioner is advised that most cases take at least one year for a final decision to be made. The policy of the Diocese of Manchester is that a parish or priest must not assign a date for a potential future wedding without notification that an affirmative decision has been declared effective. The parties always are free to contact their advocate regarding the status of a case.
Case Fees
In fairness to the people of the Diocese of Manchester who subsidize the Tribunal budget, we believe it is equitable that those who avail themselves of the services of this office assist in bearing a portion of the financial burden.
The total fee for processing an investigation of invalidity of marriage varies according to the process to be applied. Determination of the appropriate process will be made by the Tribunal at the time the petition is received and accepted. A non-refundable filing fee of $35 must accompany each petition presented to the Tribunal. The total fee, including filing fee, for a formal annulment petition is $400; Ligamen, $135; Pauline Privilege, $135; Favor of the Faith, $135 plus any taxa assessed by Rome. At the time of the Petitioner’s interview, a payment plan for the balance due will be requested.
In an effort to minimize as much as possible the amount of time required to deal with the financial aspect of the Tribunal operation, we prefer that the fee be satisfied as described above. However, when necessary, payment plans will be arranged. Quarterly statements of Petitioners’ accounts will be mailed at the beginning of January, April, July, and October, until the balance is satisfied.
As has always been the policy of the Tribunal, if for any reason one is not able to pay all, or part, of the fee, a simple explanation to the Director will ensure that special arrangements are made. At no time should financial considerations discourage any person from exercising the right to receive a just hearing from the Church. One’s ability or inability to meet the fee in no way affects the process or its outcome.
Persons who initially submit a case to the Diocese of Manchester but who find their case must be heard by another diocese will fall under the billing policies of that Tribunal which ultimately hears the case.
Additional Information
For additional information, please consult a priest, deacon, or lay ecclesial minister at any Catholic parish in the Diocese of Manchester.
You may also contact the Tribunal of the Diocese of Manchester directly at 603-669-3101, or by email to info@tribunal.rcbm.org
What is the Marriage Invalidity Process and Why Does It Exist?
Jesus taught that marriage is indissoluble. Once people get married, they are married until one of them dies, even if they someday separate, justifiably or otherwise. A married person’s vocation is to lifelong fidelity to the marital covenant, even when (in cases of abandonment or necessary separation) that means living as though celibate. Christ knew our human nature and he knew that this was a hard teaching. He was already challenged and ridiculed for it in his own time, but he did not back down from it one bit.
With that being said, there are certain marriages that are invalid from the start. They have the outward appearance of a marriage and are usually entered into in good faith, but because of some impediment, some defect of consent, or some problem in the form of the marriage celebration, they are never truly valid marriages. If the marriage was truly invalid, and if that fact is proven in an Ecclesiastical Court, then one or both of the parties may be free to marry another.
Neither spouse can simply decide privately that the marriage is invalid and that they are free to move on. The marriage invalidity process is a judicial process developed over the centuries to allow people who believe that their marriage was invalid from the beginning to attempt to prove that fact, all the while safeguarding the rights of both parties and upholding the dignity and indissolubility of marriage. A declaration of invalidity does not and cannot dissolve an existing marriage; rather it is an official declaration by the Church that it has been proven beyond a reasonable doubt that a given marriage was invalid from the start. When a marriage is actually invalid, declaring that fact is a good and just thing.
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