Annulment: FAQs

Frequently Asked Questions

What is a Declaration of Nullity?
What is a Church Tribunal?
Who would need a Declaration of Nullity?
Does a Declaration of Nullity establish that a former marriage never existed?
How does Marriage as a Sacrament differ from marriage as a legal contract?
Null and Void, Validity and Invalidity, What does it all mean?
What is the status of a divorced Catholic in the Church?
Does a Declaration of Nullity affect the legitimacy of children?
How does the Catholic Church regard the marriages of non-Catholics?
What affects the validity of marriage consent?
If a marriage is intended to be a permanent union,  how can a Church tribunal declare some people free to remarry while their former spouse is still alive?
How does the process work?
How does the Tribunal handle the information it receives during the process?
Will my former spouse be contacted?
How Long Does It Take?
What Are The Costs?
May Future Marriage Plans Be Made?

What is a Declaration of Nullity?

A declaration of nullity is a decision made by a Church Tribunal, acknowledging that a couple never established the sacred bond of marriage. This "declaration" is made after one of the parties in a former marriage requests it, and only after a detailed study of the marriage has been carried out. The process examines the intention and understanding of both people at the time of their wedding to see if the necessary elements of a full and true marriage were present (i.e., permanence, fidelity, the ability for true companionship and love of the spouses, and an openness to the generation and education of children).

The declaration of nullity process seeks to determine whether or not there was anything that prevented these elements from being present in the relationship, despite the fact that both individuals entered the marriage with the best of intentions.  Marriages rarely fail because of ill will or malice present from the beginning, but rather, because one or both of the spouses were unable to create the quality of relationship necessary for a valid union due to physical, psychological, or circumstantial causes.  If the Church declares that a prior bond of marriage was not properly established, the parties are considered free to celebrate a new marriage in the Church.  A declaration of nullity is a religious decision that does not have any civil effect on the relationship or legitimacy of any children born of the union.
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What is a Church Tribunal?

The Tribunal is an agency within a diocese that handles judicial matters, specifically the application of canon law and the protection of rights.  Currently most of the activity of an ecclesiastical court has to do with marriages.  One of the tribunal’s primary duties is to study a marriage at the request of either of the parties to decide if a valid bond was present.

Typical situations include: (a) a divorced Catholic seeking clarification of his/her own status in the Church, (b) a divorced and civilly remarried Catholic wishing to return to the full sacramental life of the Church, (c) a divorced person of any religion who is planning to marry a Catholic, and (d) a divorced non-Catholic planning to be received into the Catholic Church through the RCIA.
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Who would need a Declaration of Nullity?

Any person (Catholic, Protestant, Christian or non-Christian) who wishes to enter marriage in the Catholic Church, and who has a former spouse who is still living, needs to look at the possibility of a declaration of nullity from a Church Tribunal for all previous marriages in order to determine if they are free to marry.  The Catholic Church’s doctrine of faith does not recognize civil divorce as ending the commitment entailed in marriage, believing that marriage is binding until death.  While the presumption always exists that a marriage is valid, either of the spouses has the right to ask the Church to re-examine that presumption after common life has ceased, and a civil divorce has been granted.  Even the fact that a couple may have been married by a Catholic priest does not necessarily guarantee that all the requirements were present for a full and valid union.
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Does a declaration of Nullity establish that a former marriage never existed?

No. Obviously the couple was wed according to civil law and lived together, and possibly had children. They have a "history" from being together. It is presumed that both parties entered the marriage with good intentions. No one can deny that a relationship existed in some fashion, at least for a time, with its own joys and sorrows, its own hopes and disappointments. Good and bad memories will always remain. In almost all cases, a civilly recognized union was at least certainly present.
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How does Marriage as a Sacrament differ from marriage as a legal contract?

The validity of a marriage contract, in civil terms, is based on the observance of provincial law. A decree of civil divorce ends the civil recognition of the union. In short, civil authorities have come to understand that marriage can be cancelled. A divorce declares that the contract has been terminated as of a certain date. The Church, on the other hand, regards marriage as a sacred covenant of life and love. The fidelity and permanence of marriage is a symbol of the fidelity and permanence of God's love for all people. The freely given consent of a man and a woman establishes a marriage covenant. This consent is an act of the whole human person and it involves psychological, physical, and spiritual dynamics. A wedding always has the potential to establish a true marriage covenant, but unfortunately not all do.
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Null and Void, Validity and Invalidity, What does it all mean?

A declaration of nullity affirms the fact that the sacred bond of marriage was not validly established at the wedding, according to Church teaching and Church law. In other words, the bond of marriage that was presumed to exist does not, and is considered to be null. A civil union existed, but the sacred bond of marriage was not validly established. In order for a marriage to be properly established, there must be certain requirements present in the individual who consents to marriage at the time of the wedding. If any of these requirements are absent or seriously distorted, the tribunal judges can declare that the act of consenting to marriage was made in an invalid way, therein indicating that the marriage bond has no effect and is null. Church law determines what these requirements are.  In summary, a declaration of nullity does not break the marriage bond. A declaration of nullity declares that the marriage bond was never validly established at the time of consent according to Church teaching and Church law.
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What is the status of a divorced Catholic in the Church?

Contrary to popular myth, the Church has never indicated that divorce alone was sufficient grounds for excommunication.  Catholics who are divorced, but who have not entered into another civil marriage are encouraged to practice their faith fully, including participating in the sacraments.  Merely being separated or divorced does not change one’s status in the Church.  Divorced Catholics are full members of the Church with all of the same rights as any other member.

Catholics who have divorced and who have remarried, without a declaration of nullity, are not free to receive the sacraments, but are still encouraged to practice the other aspects of their faith, pending a decision by a tribunal regarding their former marriage.
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Does a Declaration of Nullity affect the legitimacy of children?

Church law clearly states that children born within a marriage that was entered into “in good faith” are not to be considered illegitimate.  “In good faith” means that at the time of the wedding one or both people truly believed that they were establishing a marriage.  This holds true even if, at a later date, the marriage is declared invalid according to Church law.  Legitimacy flows from the civil law.  If a Church Tribunal declares that a marriage lacked something essential that prevented it from being a union binding for life according to Church law, it is still a valid civil marriage, just not a valid canonical one.  For the Church, children remain legitimate.
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How does the Catholic Church regard the marriages of non-Catholics?

The Church considers the marriage bond between non-Catholics to be as equally binding as those of Catholics. Like marriages in the Catholic Church, whenever there as been a public exchange of consent, the validity of these marriages is presumed until the contrary is proven. Therefore, the marriage of two non-baptized people; the marriage of two baptized non- Catholics; or the marriage of a baptized non-Catholic and a non-baptized person, are all presumed to be valid, whether they are celebrated before a civil official or a non-Catholic minister.
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What affects the validity of marriage consent?

Marriage is for people who are capable of making an adult commitment and of assuming the essential rights and obligations of marriage and family life. A marriage can be declared invalid for any one of several reasons related to the ability of one or both of the partners to both understand and agree to the Catholic understanding of marriage before the wedding ceremony. Some examples are:

1. The existence of an impediment, such as a previous marriage or religious vows or a close blood relationship between the couple (a brother and sister or first cousins).  Some impediments can be dispensed, others cannot.
2. Psychological incapacity, at the time of the wedding, to assume the duties of marriage; for example, one of the parties may suffer from a serious mental illness or addiction that prevents him or her from taking on parental or spousal duties.
3. The presence, at the time of the wedding, of an intention contrary to marriage or something essential to marriage; for example, one of the spouses refuses to have children, does not intend to remain faithful, or may approach marriage with the conviction that he or she can always "get out of it" if one chooses to do so..
4. Psychological immaturity that did not allow one or both parties to understand the true nature of marriage at the time of the wedding.  An example would be a teenage couple who hardly know each other, but decide to marry because the girl is pregnant. They have not thought about how they will support each other in marriage, nor do they know each other well enough to make a lifelong commitment. If someone cannot hold a job, or assume ordinary personal responsibilities, or can not communicate adequately on an interpersonal adult level so as to share oneself with a spouse, then the capacity of that person for establishing a full and true marriage becomes questionable. Moreover, the commitment to marriage must be made freely (without outside pressure) and with serious forethought regarding the responsibilities that are assumed in marriage.
5. Many other factors, such as deception, fraud, grave error, or force and fear, could also negatively affect the validity of a person’s marriage consent.
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If a marriage is intended to be a permanent union,  how can a Church tribunal declare some people free to remarry while their former spouse is still alive?

The Catholic Church is committed to the teachings of Jesus Christ concerning marriage. It is also committed to manifesting the compassion of Jesus to those people whose marriages have failed. So the Catholic Church and its ministers are committed to be both "prophetic" (to teach what Jesus taught) and to be "pastoral" (to minister to those people whose marriages have ended in a civil divorce). Marriage courts are established to respond to requests that are made by those who have received a divorce to investigate whether or not their former marriage was validly established according to the religious understanding of marriage.

The people who work in the marriage tribunal look upon their effort as a healing ministry, an expression of the Church's compassion and concern for those whose marriages have ended. The Church has a system of courts to handle marriage nullity cases. Those who believe that their marriage was not validly established, have the right to petition a tribunal to look into their claim. The work of the Tribunal, for the most part, involves a process of reviewing and discerning the basis of such petitions.

Any person (i.e., Christian or non-Christian, Catholic or Protestant) who wishes to enter marriage in the Catholic Church, and who has a former spouse who is living, needs to look at the possibility of a declaration of nullity in order to determine that they are free to marry in the Catholic Church. The fact that a couple was married before a Catholic priest and two witnesses does not necessarily guarantee that all the requirements were present to establish a full and valid marriage. As part of its fundamental teaching on marriage, the Catholic Church does not recognize divorce as ending the bond established in marriage, believing that marriage is binding until death. This is our religious value. While the presumption always exists that a marriage is valid, either of the spouses has the right to ask the Church to examine this presumption after common life has ceased, there is no hope of reconciliation, and a civil divorce has been obtained.
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How does the process work?

1. The preliminary stage takes place when the Petitioner prepares the Request for Study form and gathers the pertinent ecclesiastical and civil documents.
2. The judicial process begins when the Court is constituted and the parties are cited to give testimony before the Tribunal. Proofs are gathered from the testimony of the parties, witnesses and in some cases, experts in psychology or other sciences or fields. Advocates may submit briefs as requested by the Judge, and the case is reviewed by a Defender of the Bond, who offers all reasonable arguments in favor of the legally presumed validity of the marriage. After weighing the evidence and considering the observations of all concerned, the Judges issue a decision by means of a written “sentence,” setting forth both the conclusions and the basis in the law and the facts of the case. The sentence is subject to review by the parties, if they so desire.
3. In formal nullity trials, where there is an affirmative decision (i.e., in favor of invalidity), Church law requires a mandatory appeal to a higher Tribunal, or Court of Second Instance. All affirmative decisions made by the Alberta Regional Tribunal are reviewed by the Canadian Appeal Tribunal located in Ottawa. Apart from this mandatory appeal, either party who opposes the Court’s decision may lodge an appeal either to the Tribunal in Ottawa or directly to the Tribunal of the Roman Rota, the Church’s “supreme court” for marriage. The Court of Appeal can either ratify the first decision by decree or open it to a new investigation, leading to another judicial sentence giving a confirming or contrary decision. Only when a case has had two conforming affirmative decisions is it considered finally decided and the parties free to enter new marriages in the Catholic Church.
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How does the Tribunal handle the information it receives during the process?

All material relative to the nullity process is treated confidentially as required by the Church's law. Only those who have a right to the information (the parties, their Advocates and the Tribunal officials) are permitted to review it for the purposes expressed in canon law. All are bound by oath to keep all information confidential and to use it only for the express purpose of resolving the case.
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Will my former spouse be contacted?

Yes.  The Tribunal is required to let the other party know that we have undertaken a study of the marriage, and that he/she has rights in the process.  It is left up to that person as to whether or not they actually participate.
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How Long Does It Take?

Each case is unique. It is impossible to predict even the approximate time that it takes to process a case because of a number of variable factors. The goal in Church law for deciding a case in First Instance is within one year; the appeal or Second Instance process is to be completed within six months, if at all possible. However, though the Tribunals strive to meet these expectations of the law, the number of cases to be examined, the availability of Tribunal personnel and possible obstacles peculiar to a given case can prolong the process.  The preliminary stage of the process does not have a timetable. A case can move along more rapidly if all documents are presented as requested and if the parties and witnesses reply in a timely and informative fashion.
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What Are The Costs?

A Petitioner is responsible for only a portion of the costs of a case. The faithful of the Archdiocese of Edmonton and the other dioceses served by the Alberta Regional Tribunal substantially subsidize the operation of the Tribunal through their parish contributions. For efficiency, the office must be staffed with canonically trained and qualified personnel, support staff and equipment, all of which is costly.

For a formal nullity trial, a Petitioner is asked to pay $900, payable as follows: a non-refundable filing fee of $150.00, and the balance of $750 paid in three equal installments of $250 if necessary, upon final notice of an affirmative decision. The outcome of a case is not contingent upon a Petitioner's ability to pay the fee. If there is financial difficulty, a Petitioner should make this known to the Tribunal.
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May Future Marriage Plans Be Made?

Permission to remarry or validate a civil marriage in the Catholic Church cannot be guaranteed by anyone before this process is completed. Sometimes, as a condition of remarriage, counseling will be required and a report provided to the parish minister preparing a couple for the new marriage. No plans for a future marriage, not even a tentative date, may be made with the parish priest or deacon until such time as a Final Declaration of Invalidity is given and conditions are satisfied. The Tribunal bears no responsibility for any promises or guarantees made by anyone if a wedding date is scheduled before the completion of a case.

For further information please call 780-469-4446 and speak with a member of the Canonical Services Office staff.

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