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Annulments
Although a Tribunal deals with various issues (e.g., when a parish is to be built, how old a confirmation sponsor must be, etc.), the most common type of case to be addressed by the court is a marriage case. A person - any person - may approach the Tribunal if he/she believes that their marriage was null.
The nullity may arise from a lack of proper canonical form of marriage, from an impediment preventing a person from marrying (e.g., one or both parties have a prior bond of marriage, the parties are blood-related, one party is not of the legal age to marry, etc.), or from a defect of consent (e.g., a person lacked the knowledge or maturity necessary to enter into a covenant of marriage). It is of utmost importance that the entire relationship is examined, and it is also crucial that a person's views on marriage be revealed, as well. The declaration of nullity is not a Catholic divorce; the declaration is a claim that at the moment the couple professed their fidelity and commitment to one another, there was something flawed in the exchange of consent. Although it is often difficult for parties to reveal information, it is the only way that the court can determine whether or not the consent was valid.
The Catholic Church understands marriage to be an enduring and exclusive partnership between a man and a woman for the giving and receiving of love and for the procreation and education of children. For those who have been baptized, a valid marriage is, at the same time, a Sacrament of Matrimony.
The Church in our day has spoken regarding marriage in a statement found in the Pastoral Constitution on the Church in the Modern World (#48), issued by the Second Vatican Council:
The intimate partnership of married life and love has been established by the Creator and qualified by His laws. It is rooted in the conjugal covenant of irrevocable personal consent. Hence, by that human act whereby spouses mutually bestow and accept each other, a relationship arises by divine will and in the eyes of society too is a lasting one. For the good of spouses and their offspring, as well as society, the existence of this sacred bond no longer depends on human decisions alone. For God Himself is the author of Matrimony, endowed as it is with various benefits and purposes.
Frequently Asked Questions Regarding the Marriage Nullity Process
What is an invalid marriage?
A marriage is declared invalid when the consent did not include all of the elements necessary according to the law of the Church.
Why do I need to obtain a declaration of nullity?
If two parties want to marry in the Catholic Church, their freedom to do so must be established. This includes non-Catholic parties who want to marry Catholics, because the Church recognizes the marriage of non-Catholics as valid.
Who may apply?
Anyone may approach the Tribunal with a Petition to have his or her marriage examined. Non-Catholics apply because they want to marry a Catholic. Even someone who was married for a long time, or has children, may apply.
How do I begin the application process?
A party may approach the appropriate member of his or her parish staff. The Parish may also have a certified marriage nullity minister available.
How long does it take?
Just as each marriage is unique, so is each formal annulment case; it is not possible to give any estimates, because there are so many factors to be considered. The process begins with a call to the Parish office asking to meet with one of the Parish Nullity Ministers. Here the conversation and sharing of information can help everyone understand the process and decide how to proceed.
St. Rose Nullity Ministers are: Fr. Mark Harrington, Deacon Bill Clower, and Deacon John D'Amico.
