ANNULMENTS

An annulment is a declaration by a Diocesan Church Tribunal (a Catholic Church court) that a previous marriage that has ended in divorce fell short of the essential elements required for a Sacrament – a binding union. The annulment process requires serious effort to describe the problems and difficulties that affected the marriage and ended in its civil dissolution.

The following FAQ’s explain who needs an annulment, the process, and its effects.

What is an annulment?
“Annulment” is a word that is used to refer to a “declaration of nullity.” A Church tribunal composed of appointed and trained priests, declares that a marriage actually fell short of at least one of the essential elements required for a binding union.

A valid Catholic marriage results from five elements: (1) the parties are free to marry with no previous marriage(s); (2) they freely exchange their consent; (3) in consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children; (4) they intend the good of each other; and (5) their consent is given in the presence of two witnesses and before a properly authorized Church minister.

Why does the Church require a divorced Catholic to obtain a declaration of nullity before re-marrying in the Church?
The Church presumes that marriages are valid and lifelong; therefore, unless the ex-spouse has died, the Church requires the divorced Catholic to obtain a declaration of nullity before re-marrying. The tribunal process seeks to determine if something essential was missing from the couple’s relationship from the moment of consent, that is, the time of the wedding. If so, then the Church can declare that a valid marriage was never actually brought about on the wedding day.

What does the tribunal process involve?
Several steps are involved. The person who is asking for the declaration of nullity – the petitioner – submits written testimony about the marriage. The tribunal will contact the ex-spouse – the respondent – who has a right to be involved, if they wish. The respondent’s cooperation is welcome but not required; the case can still move forward. The petitioner and the respondent will each have the opportunity to describe in their own way the situation and issues that occurred in their marriage. Additional supporting testimony will be sought from witnesses that knew the couple before or during their marriage.

After the tribunal has reached a decision, it will be automatically reviewed by a second tribunal.

How long does the process take?
It usually takes 12 to 18 months to complete the entire process. Delays can occur if the Tribunal is still awaiting receipt of information from the petitioner or witnesses.

How can a couple married for many years present a case?
The tribunal process examines the events leading up to, and at the time of the wedding ceremony, in an effort to determine whether what was required for a valid marriage was ever brought about. The length of common life and children together is not necessarily proof of validity. It does not prove or disprove the existence of a valid marriage bond.


If a marriage is declared null, does it mean that the marriage never existed?
No. It means it was not valid according to Church law. A declaration of nullity does not deny that a relationship existed. It simply states that the relationship was missing something that the Church requires for a valid marriage bond.

If a marriage is annulled, are the children considered illegitimate?
No. A declaration of nullity has absolutely no effect on the legitimacy of children, since the child’s mother and father were legally married at the time that the child was born. Legitimacy depends on civil law.

I do not plan to re-marry. Why should I present a marriage case?
Some people find that simply writing out their testimony helps them to understand what went wrong and why. They gain insights into themselves. Others say that the process allowed them to tell their whole story for the first time to someone who was willing to listen. Many find that the process helped them to let go of their former relationship, heal their hurts, and move on with their lives. A person cannot know today if they might want to marry in the future when crucial witnesses may be deceased or their own memories may have dimmed.

Why does the Catholic Church require an intended spouse, who is divorced but not Catholic, to obtain an annulment before marrying in the Catholic Church?
The Catholic Church respects all marriages and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding for life. The Church requires a declaration of nullity to establish that an essential element was missing in that previous union preventing it from being a valid marriage.

This is often a difficult and emotional issue. If the intended spouse comes from a faith tradition that accepts divorce and remarriage, it may be hard for them to understand why they must go through the Catholic tribunal process. Couples in this situation may find it helpful to talk further with a priest or deacon. To go through the process can be a sign of great love of the non-Catholic for their intended spouse.

My fiancé` and I want to marry in the Catholic Church. He has been married before and has applied for an annulment. When can we set a date for our wedding?
You should not set a date until the annulment has been finalized. First, his petition may not be granted. Second, even if the petition is eventually granted, there may be unexpected delays in the process.

How much does it cost?
Fees associated with the process vary within the U.S. Most tribunals charge between $200 and $1,000 for a formal case depending on how much the diocese subsidizes the work of the tribunal. Fees are typically payable over time, and may be reduced or even waived in cases of financial difficulty. Other expenses may be incurred when consultation with medical, psychological, or other experts is needed. The typical fee in our Sacramento Diocese is $450.

How do I start the process?
The parish can provide the information and forms that you need to get started. A priest or deacon will assist you as your advocate throughout the process. Please call the parish office at (530)365-8573 to set up an appointment.