The Marriage Annulment Process in the Catholic Church
What is a Church annulment?
A Church annulment is a declaration that two people who were formerly married are not bound by that particular marital bond because it was not a marriage as defined by the teaching and law of the Catholic Church. An annulment is a statement by the Church that the relationship did not meet at least one of the requirements seen as essential for an indissoluble marital union in the Church.
A Church decree of nullity is not a moral judgment on either party nor does it place blame on either for the failure of the marriage.
A Church annulment has no effect in state law. Normally, a state court divorce, dissolution, or annulment must be obtained before beginning the Church annulment process.
An annulment does not affect the legitimacy of children born of the union in question.
A Church decree of nullity is not a moral judgment on either party nor does it place blame on either for the failure of the marriage.
A Church annulment has no effect in state law. Normally, a state court divorce, dissolution, or annulment must be obtained before beginning the Church annulment process.
An annulment does not affect the legitimacy of children born of the union in question.
If I wasn't married in a Catholic Church, do I still need a Tribunal process?
Yes. The Catholic Church recognizes non-Catholic marriage and each former marriage requires some type of process, either a formal annulment or some other process determining your freedom to enter a marriage in the Catholic Church.
Who may apply for a Church annulment?
The Church recognizes marriages of both Catholics and non-Catholics. Anyone who has obtained a state court divorce, dissolution, or annulment may apply to have a previous marriage investigated according to Church teaching and law. Not all situations involve a formal marriage annulment proceeding. The Tribunal will be able to make the proper determination about which procedure to use based on the initial petition.
How is the process begun?
See your pastor or pastoral minister. He or she can assist you with the initial petition. It is necessary for you to provide pertinent facts and some detail to substantiate the petition. Once you have completed the initial forms and collected the necessary documents, take them to your priest or pastoral minister who will submit them to the Tribunal.
You will be asked to submit the names and addresses of witnesses - persons who have knowledge of events prior to and during the marriage. Parents, other family members and personal friends are often the best witnesses. If possible, the witnesses you identify should include persons who know your previous spouse.
The Tribunal will contact the witnesses for written testimony. You will also be asked to contact your witnesses personally so that they will be prepared to respond promptly to the Tribunal's request for information.
How long does the process take?
It is not possible to give an exact time. Every effort is made to complete a case in a year; however, there are circumstances which prolong cases from time to time.
It is important not to set a date for any future marriage until you have received the final decree of nullity.
It is important not to set a date for any future marriage until you have received the final decree of nullity.
Will my former spouse be contacted?
To ensure that the rights of both parties are protected in the Church process, the Tribunal will contact your former spouse and give him or her the opportunity to participate in the process. Should your former spouse decide not to cooperate, the case will proceed. If the whereabouts of your former spouse are completely unknown, inform the Tribunal of this fact. You will be asked to give information indicating that you have attempted to locate him or her and were unsuccessful.
How is a decision reached?
Once sufficient information is gathered, the case is reviewed by a person known as the Defender of the Bond who examines the procedure and points out any factors which support the bond of marriage. The case is then submitted to a Tribunal judge for a decision. In rare circumstances a three judge panel may be used to decide a case. Both you and your former spouse will be notified of the decision and given an opportunity to appeal that decision.
Every decision declaring an annulment is then reviewed by another Defender of the Bond and by a panel of three judges who may ratify the decision or ask for it to be retired. This is normally done in Seattle, Washington. In some extraordinary instances, a case must be sent to Rome before the decision is final.
At the conclusion of the process, both parties are notified of the outcome.
Every decision declaring an annulment is then reviewed by another Defender of the Bond and by a panel of three judges who may ratify the decision or ask for it to be retired. This is normally done in Seattle, Washington. In some extraordinary instances, a case must be sent to Rome before the decision is final.
At the conclusion of the process, both parties are notified of the outcome.
May I remarry in the Church?
All steps in the process must be completed and you must receive the final decree of nullity from the Tribunal BEFORE a date may be set for a marriage in the Church.
In some instances, depending on the situation involved, the judge may offer some stipulations regarding the remarriage of either or both parties. This may include requiring a party to seek professional counseling. If this is the case, the advice must be followed prior to a marriage in the Church.
Permission for a new marriage in the Church requires that obligations from any previous marriage (e.g., child support) are being met.
In some instances, depending on the situation involved, the judge may offer some stipulations regarding the remarriage of either or both parties. This may include requiring a party to seek professional counseling. If this is the case, the advice must be followed prior to a marriage in the Church.
Permission for a new marriage in the Church requires that obligations from any previous marriage (e.g., child support) are being met.
What if I have been married more than once?
Be sure to tell the priest or pastoral minister at the initial visit. It is important to reveal all marriages involved (both for you and your former spouse) - even if a former spouse has died or the marriage did not take place in a Catholic Church. It is also important to know whether a spouse was married prior to his or her marriage with you.
Is there a fee?
The Church asks that, if possible, you make a donation to help defray the costs of the process.
The suggested donation for formal cases is $300: $50 at the time the initial information is presented to the Tribunal and the remaining $250 after the case has been completed and the parties have been notified of the final decision. Donations may be made in installments. The Tribunal is happy to accept donations in other amounts or in payment plans worked out with the Tribunal.
The suggested donation for formal cases is $300: $50 at the time the initial information is presented to the Tribunal and the remaining $250 after the case has been completed and the parties have been notified of the final decision. Donations may be made in installments. The Tribunal is happy to accept donations in other amounts or in payment plans worked out with the Tribunal.
Catholic Bishop of Northern Alaska
Barbara Thieme Tolliver
Tribunal Administrator
1316 Peger Rd
Fairbanks, AK 99709-5199
907-374-9516 907-374-9517 (Fax)
barb@cbna.org