ANNULMENT FAQs
(FREQUENTLY ASKED QUESTIONS)
1. What is marriage?
CAN. 1055 §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.
According to the teaching of Christ and the Church, marriage is a covenant by which a man and a woman establish between themselves a partnership of the whole of life. By its nature, marriage is ordered toward the good of the spouses and the procreation and education of children. Christ the Lord has raised marriage between two baptized persons to the dignity of a sacrament. This partnership requires that the two truly become one, that they are faithful to one another, and that they maintain their irrevocable union until death.
Marriage comes about by the consent of the parties, which is exchanged in a manner recognized by the state and the Church. Therefore, even though a priest or deacon serves as the official witness at a Catholic wedding, it is really the bride and groom who are the ministers of the sacrament. In this sense they bring marriage into being when each one gives his or her consent and receives the consent of the other. Thus, the validity of a marriage is to be upheld until the contrary is proven.
2. What is an annulment?
It refers to an official declaration by the appropriate Ecclesiastical Tribunal of the Catholic Church that what appeared to be a marriage was, in fact, not a true marriage that is binding upon the parties for life. An annulment, or declaration of nullity as it is correctly named in Church law, does not deny that a relationship really existed. A declaration of nullity means that the consent exchanged at the wedding fell short of at least one of the essential elements for a binding union.
An annulment is not a Church divorce. A civil divorce decree breaks a marriage bond. In "no-fault" divorces, the parties get divorced by agreeing to revoke their consent. According to the teaching of Christ and the Church, once the parties legitimately and validly exchange their consent, they cannot revoke it later on at their own will. An annulment is a declaration from the Tribunal that the marriage was invalid from the moment of the wedding.
3. Who can apply for an annulment?
Anyone who has been previously married, whether baptized or non-baptized, Catholic or non-Catholic, may petition for a declaration of nullity. All previously married persons are eligible to petition, because the Church presumes that every marriage, whether it involves Catholics or non-Catholics, is valid and binding once it has been entered into by a man and woman. Thus, even a non-Catholic who was previously married and now wishes to be married to a Catholic must petition for a declaration of nullity.
Before applying for an annulment, a person must provide a certified copy of the decree that proves that a civil divorce has already been granted.
The one who petitions for the declaration of nullity is referred to as the Petitioner. The other party to the marriage is referred to as the Respondent.
An annulment petition must be submitted to the Tribunal that has jurisdiction over the marriage in question. The Tribunal also may have jurisdiction if the Petitioner and Respondent live in the territory of our diocese or if the majority of proofs live within the boundaries of the Diocese of El Paso.
4. What does the process need?
The work of the Tribunal is governed by procedures determined in Church law – Canon Law. These procedures are intended to safeguard the integrity of marriage and to protect the rights of all parties involved. Here is a summary of the steps involved in a formal marriage nullity case.
1. The completed petition must be submitted to the Tribunal by the one who seeks a declaration of nullity. The petition must be accompanied by the following documents:
2. Once accepted, the petition is put on the Tribunal docket. Each case is handled in its turn. The Tribunal sends a citation (notification) to both parties (Petitioner and Respondent). The Respondent has the right to participate in the process and be heard.
3. Both parties have the right to present any documents and to name witnesses to corroborate the facts of the case.
4. Under the direction of the Judge, both parties may review documents and each other's testimony and the proofs of the case. Only the Petitioner, Respondent, and Tribunal staff have access to the case material. Otherwise the information is confidential.
5. A Defender of the Bond reviews every case before a decision is rendered. The Defender is responsible for presenting all reasonable arguments in favor of the validity of marriage bond.
6. The Judges carefully study the documents and testimony that have been submitted. They also examine the written observations of the Defender of the Bond, and the arguments of the Advocates (if they have been presented). If the Judges reach moral certitude that invalidity has been proven according to the law and jurisprudence of the Church, then the Judges issue a declaration of nullity in writing and this decision is shared with the parties. If the Judges fail to reach moral certitude about the nullity of the marriage, then the validity of the bond stands.
7. Both parties have the right to appeal the Judges' decision. Appeals are generally heard by the Tribunal of the Diocese of San Antonio. In some cases the Tribunal of the Roman Rota may hear the appeal.
8. If there is an appeal, the case must be reviewed by the Tribunal of the Diocese of San Antonio. A case is not considered to be final until the decision has been confirmed by the Appellate Tribunal.
9. In some cases, the Tribunal will order that before either of the parties marries again, he or she must undergo a professional evaluation or special marriage preparation. This is to make sure that past problems will not be repeated again.
10. No wedding preparation should take place before an annulment has been finalized.
5. How long does it take?
The cooperation of the Petitioner, Respondent, and witnesses, and the quality of their testimony and if a hearing is necessary have an effect on the length of time it takes to investigate a case. The number of cases and the requirement that some cases be reviewed by an Appellate Tribunal also impact the time each case takes to complete. There is no way that any member of the Tribunal staff can predict when a given case will be finished.
It is important to note that Church law stipulates that no new wedding may be scheduled in any Catholic parish until the annulment process is complete, with an affirmative decision given and subsequently confirmed by an appellate tribunal. Those who participate in the annulment process are asked to cooperate fully and, please, to be patient.
6. Is there a fee?
Fees for the annulment process, procurators, advocates and interpreters are free of charge in the Tribunal.
7. Are there any civil effects from a Church annulment?
In the United States there are no civil effects from a declaration of nullity issued by the Tribunal. It does not affect in any manner the legitimacy or custody of children, property rights, inheritance rights, names or ANY civil matters. These issues are under the jurisdiction of the civil courts.
8. What about the legitimacy of children?
Children born of a marriage that might later be declared invalid are, of course, considered legitimate. Some people think that a declaration of nullity makes the children illegitimate. In fact, a marriage that the Church presumed to be valid at the time of the wedding is called a putative marriage. All children born of a putative marriage are legitimate, and a subsequent declaration of nullity cannot affect their legitimacy.
They are regarded as having the same dignity as any person, since all are created in the image and likeness of God.
9. How does one begin?
A packet with instructions and the forms to be completed are available in every parish in the Diocese of El Paso. It is a good idea to contact the parish priest, deacon, or pastoral minister who can assist initially.
You can also access the document through the diocesan website. Just download the application form and you can fill out using a black pen or typing it up in your computer.
10. Can I still receive the sacraments?
A civil divorce does not prohibit a Catholic from receiving the sacraments. Nevertheless, a Catholic who remarries civilly after divorce, without a declaration of nullity (and a Catholic who is married to someone with a previous marriage that has not been declared null), is not to receive Holy Communion. The Church encourages a Catholic in such circumstances to continue practicing the faith by remaining members of a parish and by regular attendance at Sunday liturgy and other parish functions.
CAN. 1055 §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.
According to the teaching of Christ and the Church, marriage is a covenant by which a man and a woman establish between themselves a partnership of the whole of life. By its nature, marriage is ordered toward the good of the spouses and the procreation and education of children. Christ the Lord has raised marriage between two baptized persons to the dignity of a sacrament. This partnership requires that the two truly become one, that they are faithful to one another, and that they maintain their irrevocable union until death.
Marriage comes about by the consent of the parties, which is exchanged in a manner recognized by the state and the Church. Therefore, even though a priest or deacon serves as the official witness at a Catholic wedding, it is really the bride and groom who are the ministers of the sacrament. In this sense they bring marriage into being when each one gives his or her consent and receives the consent of the other. Thus, the validity of a marriage is to be upheld until the contrary is proven.
2. What is an annulment?
It refers to an official declaration by the appropriate Ecclesiastical Tribunal of the Catholic Church that what appeared to be a marriage was, in fact, not a true marriage that is binding upon the parties for life. An annulment, or declaration of nullity as it is correctly named in Church law, does not deny that a relationship really existed. A declaration of nullity means that the consent exchanged at the wedding fell short of at least one of the essential elements for a binding union.
An annulment is not a Church divorce. A civil divorce decree breaks a marriage bond. In "no-fault" divorces, the parties get divorced by agreeing to revoke their consent. According to the teaching of Christ and the Church, once the parties legitimately and validly exchange their consent, they cannot revoke it later on at their own will. An annulment is a declaration from the Tribunal that the marriage was invalid from the moment of the wedding.
3. Who can apply for an annulment?
Anyone who has been previously married, whether baptized or non-baptized, Catholic or non-Catholic, may petition for a declaration of nullity. All previously married persons are eligible to petition, because the Church presumes that every marriage, whether it involves Catholics or non-Catholics, is valid and binding once it has been entered into by a man and woman. Thus, even a non-Catholic who was previously married and now wishes to be married to a Catholic must petition for a declaration of nullity.
Before applying for an annulment, a person must provide a certified copy of the decree that proves that a civil divorce has already been granted.
The one who petitions for the declaration of nullity is referred to as the Petitioner. The other party to the marriage is referred to as the Respondent.
An annulment petition must be submitted to the Tribunal that has jurisdiction over the marriage in question. The Tribunal also may have jurisdiction if the Petitioner and Respondent live in the territory of our diocese or if the majority of proofs live within the boundaries of the Diocese of El Paso.
4. What does the process need?
The work of the Tribunal is governed by procedures determined in Church law – Canon Law. These procedures are intended to safeguard the integrity of marriage and to protect the rights of all parties involved. Here is a summary of the steps involved in a formal marriage nullity case.
1. The completed petition must be submitted to the Tribunal by the one who seeks a declaration of nullity. The petition must be accompanied by the following documents:
- A recently issued certificate of Baptism,
- A certified copy of the marriage license,
- A certified copy of the civil divorce decree.
- A minimum of three witnesses that have knowledge of the courtship, engagement, marriage and separation.
2. Once accepted, the petition is put on the Tribunal docket. Each case is handled in its turn. The Tribunal sends a citation (notification) to both parties (Petitioner and Respondent). The Respondent has the right to participate in the process and be heard.
3. Both parties have the right to present any documents and to name witnesses to corroborate the facts of the case.
4. Under the direction of the Judge, both parties may review documents and each other's testimony and the proofs of the case. Only the Petitioner, Respondent, and Tribunal staff have access to the case material. Otherwise the information is confidential.
5. A Defender of the Bond reviews every case before a decision is rendered. The Defender is responsible for presenting all reasonable arguments in favor of the validity of marriage bond.
6. The Judges carefully study the documents and testimony that have been submitted. They also examine the written observations of the Defender of the Bond, and the arguments of the Advocates (if they have been presented). If the Judges reach moral certitude that invalidity has been proven according to the law and jurisprudence of the Church, then the Judges issue a declaration of nullity in writing and this decision is shared with the parties. If the Judges fail to reach moral certitude about the nullity of the marriage, then the validity of the bond stands.
7. Both parties have the right to appeal the Judges' decision. Appeals are generally heard by the Tribunal of the Diocese of San Antonio. In some cases the Tribunal of the Roman Rota may hear the appeal.
8. If there is an appeal, the case must be reviewed by the Tribunal of the Diocese of San Antonio. A case is not considered to be final until the decision has been confirmed by the Appellate Tribunal.
9. In some cases, the Tribunal will order that before either of the parties marries again, he or she must undergo a professional evaluation or special marriage preparation. This is to make sure that past problems will not be repeated again.
10. No wedding preparation should take place before an annulment has been finalized.
5. How long does it take?
The cooperation of the Petitioner, Respondent, and witnesses, and the quality of their testimony and if a hearing is necessary have an effect on the length of time it takes to investigate a case. The number of cases and the requirement that some cases be reviewed by an Appellate Tribunal also impact the time each case takes to complete. There is no way that any member of the Tribunal staff can predict when a given case will be finished.
It is important to note that Church law stipulates that no new wedding may be scheduled in any Catholic parish until the annulment process is complete, with an affirmative decision given and subsequently confirmed by an appellate tribunal. Those who participate in the annulment process are asked to cooperate fully and, please, to be patient.
6. Is there a fee?
Fees for the annulment process, procurators, advocates and interpreters are free of charge in the Tribunal.
7. Are there any civil effects from a Church annulment?
In the United States there are no civil effects from a declaration of nullity issued by the Tribunal. It does not affect in any manner the legitimacy or custody of children, property rights, inheritance rights, names or ANY civil matters. These issues are under the jurisdiction of the civil courts.
8. What about the legitimacy of children?
Children born of a marriage that might later be declared invalid are, of course, considered legitimate. Some people think that a declaration of nullity makes the children illegitimate. In fact, a marriage that the Church presumed to be valid at the time of the wedding is called a putative marriage. All children born of a putative marriage are legitimate, and a subsequent declaration of nullity cannot affect their legitimacy.
They are regarded as having the same dignity as any person, since all are created in the image and likeness of God.
9. How does one begin?
A packet with instructions and the forms to be completed are available in every parish in the Diocese of El Paso. It is a good idea to contact the parish priest, deacon, or pastoral minister who can assist initially.
You can also access the document through the diocesan website. Just download the application form and you can fill out using a black pen or typing it up in your computer.
10. Can I still receive the sacraments?
A civil divorce does not prohibit a Catholic from receiving the sacraments. Nevertheless, a Catholic who remarries civilly after divorce, without a declaration of nullity (and a Catholic who is married to someone with a previous marriage that has not been declared null), is not to receive Holy Communion. The Church encourages a Catholic in such circumstances to continue practicing the faith by remaining members of a parish and by regular attendance at Sunday liturgy and other parish functions.