Annulments
For more comprehensive information on church annulment's, please contact your local Diocese Office of the Tribunal.
The Tribunal Process FAQ
What is marriage? Marriage is a permanent partnership of love between a man and a woman in which "the two become one flesh." God established marriage as the basic way of giving and receiving love and continuing the human race.
Is marriage a sacrament? Yes. If both spouses are baptized, the marriage is a sacrament.
Can non-Catholics receive the Sacrament of Matrimony, too? Yes. Any two people who are validly baptized give the Sacrament of Matrimony to each other through the exchange of their mutual consent.
Doesn't a priest have to be present? No. The requirement for a priest or deacon to witness a marriage is necessary only for Catholics. You must remember that the couple give the sacrament to each other. The priest or deacon acts only as the official witness for the Catholic Church.
What about marriage involving one or both who are not baptized? These marriages, although not sacramental, are presumed to be valid by the Catholic Church
Isn't marriage forever? The Catholic Church believes that every valid, sacramental and consummated marriage is indissoluble. This is God's law as found in the Scriptures, as well as 2,000 years of Catholic Church teaching.
How, then, is it possible to declare a marriage invalid? If one or more of the essential elements are missing from the beginning of the marriage, it can be declared invalid by a judge of the Tribunal. This is considered a "judicial opinion," not a moral judgment on the lives of the parties involved.
What is a tribunal? A tribunal is a group of priests, religious and lay persons who are appointed by the Archbishop of the Archdiocese of review marriage cases. The day-to-day work of the Tribunal is supervised by a priest who is called the "Judicial Vicar" or chief judge.
What is the purpose of the Tribunal? The purpose of the Tribunal is to assist people who request the Church to determine whether or not s/he can be considered free of a former marriage. After interviews with the parties and witnesses, and careful study of the facts, the Tribunal issues a decision whether sufficient proof exists to declare the marriage invalid.
What are the steps involved in the procedure? Generally speaking, a person contacts a parish priest or another designated pastoral minister who helps determine if there is a possible case. This person then submits a preliminary form along with other documents to the Tribunal. (See "Check List for Submitting Cases.")
How long does the process take? Each case is different. There are so many vaiable factors involved it is impossible to predict the length of time a particular case may take. In many dioceses, under ideal circumstances, a case takes about a year. However, this is not a guarantee.
No plans for a future marriage in the Church should be made until, and unless, an affirmative decision is communicated by the Tribunal.
Must the other spouse be contacted by the Tribunal? Yes. As a matter of justice, and to assist the Tribunal in gaining a completely objective perspective, the former spouse must be contacted by the Tribunal.
What if the whereabouts of the former spouse are unknown? The Tribunal will make every effort to discover the present whereabouts of the other spouse. However, if s/he cannot be contacted, the the Tribunal will proceed with the process.
What if the former spouse refuses to cooperate? Because this procedure affects both parties, the former spouse must be informed of the process and invited to participate. If s/he does not wish to cooperate, the Tribunal proceeds toward making a decision on the basis of the information available.
Why should the former spouse cooperate? First of all, the Tribunal wants to obtain a clear and objective picture of what happened in the marriage, why it ended and what elements, if any, were missing from the outset. The cooperation of both spouses would, obviously, help in this endeavor. Secondly, the process is potentially beneficial to both parties, and so it is to their advantage to cooperate fully and honestly.
Are witnesses necessary? Yes, The Tribunal will ask both parties to the former marriage to provide names and the current complete addresses of people who are willing and knowledgeable to assist the Tribunal in gaining a better understanding of the marriage and the reasons why it ended.
Can anyone be a witness? Witnesses should be chosen on the basis of their objective knowledge about either or both of the spouses, or the former marriage. This could include parents, family, friends, or counselors.
For more information, contact your local Diocese Office of the Tribunal.
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