We better describe an annulment as a Declaration of
Invalidity. It does not deny that a real relationship existed, nor does it imply
that the parties entered the relationship with ill will or moral fault. The
Church is saying that the relationship fell short of at least one element
essential for a binding, lifelong union.
If the evidence shows that a particular marriage is
invalid (i.e., from the beginning it suffered from a radical defect), the
original presumption no longer holds. To render a marriage invalid, the radical
defect must be present from the beginning, i.e., at the time of the wedding
ceremony. No defect that might arise during the marriage would have the power of
turning a valid marriage into an invalid one. When we can prove that a
particular marriage was never valid in the first place, then the Church may
declare it invalid.
What elements are essential for a binding, lifelong union?
For a marriage to be a sacrament it is necessary
that the parties intend to have permanent, faithful and exclusive union. Both
parties need to have a certain degree of discretion of judgment concerning the
essential matrimonial rights and duties being exchanged. Both parties must have
the psychic capacity of assuming the essential obligations of matrimony. The
essential rights and duties or obligations include the partnership of the whole
of life and the good of the spouses. They also include the procreation and
education of the children and the good of the sacrament. They specifically
include self revelation, understanding and caring.
Are there any civil effects to a Church Declaration of Invalidity?
A Declaration of Invalidity has no civil effect
in the United States. It does not affect in any manner the legitimacy of
children, property rights, inheritance rights, names, etc. The Catholic
Church simply declares that a particular union, perhaps begun in good faith
and thought to be a marriage, lacked some essential element necessary for an
indissoluble covenant.
What is the purpose of the Tribunal?
Church law calls for the existence of a tribunal
in every diocese of the world. The Fargo Tribunal has a staff of specially
trained and experienced priests, deacons, religious and lay persons. It
offers assistance to persons requesting that the Church investigate a
marriage to find whether there is any possibility of a Declaration of
Invalidity. The Tribunal then investigates the marriage and on completion of
the investigation, declares whether invalidity has been proved. The purpose
of the procedure is reconciliation and peace of conscience and spirit as
well as to determine the freedom of the parties to marry within the Catholic
Church.
How is the Tribunal a Ministry of Reconciliation?
Divorce is an emotionally painful experience.
Dreams are ended. Persons feel hurt and alienated from one another, their
community, the Church and God. Often a person holds the pain of rejection
inside.
This process is an opportunity for reflection.
One recalls and tells the story of the marriage as a whole. In recalling and
telling one's story the person looks at the cumulative effects of their
experiences on this relationship. As one writes or speaks about the marriage
relationship, a person learns more about the former spouse and the self. As
the parties come to recognize the root of the failure of their marriage,
they can more easily forgive and move on.
The Declaration of Invalidity provides an
official statement that the former marriage is not an obstacle to a future
marriage within the Church.
How does one request a Declaration of Invalidity?
A person, known as the Petitioner, begins by
completing an
application form and sending it to the Tribunal. This form is
available from a parish priest or from the Tribunal. The application
includes an outline for the Petitioner to provide the history of the
marriage. It asks for information concerning the background of the
Petitioner and the former spouse, known as the Respondent, and for
significant information about the courtship and married life. The
application and history serves as the libellus, the first step in seeking a
Declaration of Invalidity. It will have to be signed by the parish priest or
a pastoral minister delegated to work with annulments. As part of this
libellus the Petitioner must provide the Tribunal with the names and
addresses of witnesses and also the address of the Respondent.
The witnesses should be people knowledgeable
about the parties and the history of the marriage. Key witnesses are those
who knew both parties before and during the marriage. These are often
parents, brothers or sisters. Ideally the Petitioner will provide the names
of a witness who would be from the side of the Respondent. The Tribunal will
contact the Respondent and the witnesses. They may come into the office for
an interview, write their testimony or call and tell us what they know about
the marriage especially its beginnings.
The Petitioner then makes an appointment with a
staff member of the Tribunal for a personal interview to clarify the
description of the marital history. We will explain the process in more
detail and answer any questions.
What documents are needed?
The Petitioner will supply the Tribunal with
records of the baptisms of both spouses and of the marriage and divorce.
Without the final decree of civil divorce, the Tribunal cannot consider any
petitions for an annulment. The divorce decree serves as juridical proof
that a reconciliation between the parties is unlikely.
What about the former spouse?
The Tribunal must contact the Respondent. The
Respondent can complete a marital history and offer names of witnesses. The
universal law of the Catholic Church requires this contact. Hearing from the
Respondent is very helpful to the study. If there is sufficient evidence, we
may give a decision even when the Respondent chooses not to participate in
the process.
The Tribunal needs an accurate, current address
of the Respondent. If this is not available, evidence must be provided that
every reasonable attempt to obtain the address has been exhausted.
Reasonable attempts include obtaining address of a family member, the last
known address of the Respondent, internet searches, or VA records. If the
Social Security number of the Respondent is known, there are services that
will do a search. The Petitioner does not have to contact the Respondent
directly. The Tribunal will try to contact the Respondent. Frequently the
Respondent is willing to offer testimony.
What about confidentiality?
In view of the nature of the information, we
promise a limited degree of confidentiality. Only the officers of the
Tribunal and the Petitioner and the Respondent have the right to view all of
the information provided. The Petitioner and the Respondent do have a right
to know what was said about them so that they can defend themselves. For a
grave reason the judge can reserve specific pieces of information to the
Tribunal. The parties also have the right to the final decision with its
explanation of the reasoning. Our policy is that the decision must be
received either through our office or through the local pastor. A signed
release form must accompany any requests for release of a person's own
testimony to a third party (such as a counselor).
How is the case decided?
When the libellus is presented to the Tribunal,
the auditor will assist the Petitioner in determining appropriate grounds.
The Respondent will be notified of the grounds. After compiling all the
testimony an Advocate will write a brief applying the entire history of the
marriage as seen by the parties and witnesses (sometimes they include the
reflections of a psychological expert) to the jurisprudence of the Church
regarding the set grounds. Then the Defender of the Bond reviews and points
out the elements of the case that favor the validity of the marriage. After
reviewing the arguments of the Advocate and the Defender of the Bond, the
Judge will come to a decision.
Is the Tribunal's decision final?
No. Church law requires an automatic appeal
process. If the decision is affirmative, i.e., we proved that the marriage
was invalid, we must appeal it to the Court of Appeals of the Province for a
second decision. It cannot be considered final until they issue a second
affirmative decision. If there is some objection to the first affirmative
decision, the Defender of the Bond or the Respondent may file a personal
appeal. This must be done in writing within three weeks of notification of
the first decision. When its work is completed, the Tribunal will notify the
parties of the final decision.
If the first decision is negative, that is,
declaring that we did not prove the marriage invalid, either the Petitioner
or Respondent may appeal the decision.
Should the Court of Appeals reverse a decision
in a given case, the Court of Third Instance would be the Roman Rota. The
Respondent has the right to appeal an affirmative decision from the Appeals
Court to the Roman Rota. The Respondent also has the right to appeal
directly to the Rota for second instance. The Respondent becomes responsible
for the fees that result from their appeals to the Rota.
Is remarriage in the Catholic Church allowed?
If we prove the marriage invalid and there are
no restrictions concerning remarriage, they may start the usual procedure of
preparing for marriage in the Catholic Church with the local parish priest.
If we prove a marriage invalid due to a possibly
ongoing cause, we cannot permit a second marriage obviously until they have
shown that they have removed the cause which invalidated the first marriage.
No new marriage may be scheduled in any Catholic
parish until the procedure has been completed and requirements for
remarriage have been fulfilled.
Is there a fee for Tribunal services?
The civil divorce process can be lengthy,
litigious and costly. The annulment process can be a painful experience
involving difficult memories, but can also bring about deep personal
healing. The Catholic Church is committed to helping people find healing and
reconciliation following a divorce; hence, the Diocese of Fargo charges no
fees for the annulment process beyond the $25 filing fee. Instead, we appeal
to the generosity of people like yourself who have participated in the
annulment process to do what you can to offset the costs to the Diocese of
Fargo, so that we can be as helpful and efficient as possible.
