FAQ’S

If the annulment is granted, that is, an affirmative decision is given, does that apply to me and my former spouse?

Yes. The annulment process studies the consent given at marriage. If the consent given was so flawed as to render the marriage invalid, the invalid bond affects both parties. Even though consent is given by individuals, valid consent produces the marriage bond between two people. If it was determined that the bond was lacking because of invalid consent, by at least one party, then that affects both of the persons involved.

If my marriage is declared invalid through the Church annulment process, does that mean the Church is saying I was never married?

No. The annulment process studies the consent given. Consent might be flawed due to a grave lack of maturity, a serious psychic reason, or a very skewed understanding or acceptance of basic Church teaching on marriage. If a declaration of invalidity is given after the parties have gone through the entire formal process (see more details within this booklet), that means the marriage bond was not valid and there was no marital bond. Of course, the parties were married according to the laws of their state or county, with witnesses and others present. Yes, there may have been a legal, civil marriage; but the bond of marriage, as understood by the Catholic Church, did not take place.

Who should be witnesses?

You will be asked to provide witnesses who can corroborate your testimony and round out the picture of your marriage. Your best witnesses are those who knew you and your previous spouse well at the time of dating, engagement, wedding and the early days of the marriage. If, for some reason, it is not possible to find witnesses who knew you at the time of the wedding, then those who lived close by, or who worked with you closely or had some insight into the problems in the marriage could also offer testimony.

The Tribunal does not use children as witnesses. Even children who are now adults are not appropriate witnesses. It is difficult for a child, at any age, to be asked to give testimony that might endanger their relationship with either parent. Therefore, the Tribunal does not accept children as witnesses.

Will an annulment make my children illegitimate?

It must first be noted that, in the eyes of God, all children are legitimate regardless of the marital status of their parents. A declaration of invalidity does not state that a marriage did not occur.

Clearly there is much documentation (civil and church) to prove otherwise. Rather, such a declaration states that there existed in the exchange of consent some impediment or defect of consent that prevented the marriage from being a valid, sacramental bond as the Church understands marriage to be. Nonetheless, the question often arises at the time of petition about the effects a declaration of invalidity might have on children born of the union. Legitimacy of children is a civil issue. The Church presumes that at least one party to a marriage entered it in good faith and with correct intention. While it may be proven that one or both parties lacked the freedom or capacity to enter marriage, or were prohibited from entering into a valid marriage due to an impediment, any children born to the parties during that union are considered legitimate because of the good faith of one or both of the parties to the union. Therefore, a declaration of invalidity does not alter a child’s legitimacy or status in the Church.

I am not Catholic. Why am I required to petition for a possible annulment to marry in the Catholic Church?

Catholic law binds all Catholics to enter into marriage before an official Church witness (bishop, priest, deacon, or other delegated person) and two other witnesses. The official Church witness is to ask for and receive the consent of the parties entering into marriage during the wedding ceremony (C. 1108 §1 and 2). Catholic Church law also states that a person bound to another in marriage (even if civilly divorced) is not free to enter another marriage unless the first has been declared invalid (C. 1085 §1 and 2). While non-Catholics are not bound by Canon Law, they are affected should they choose to marry a Catholic.

Because the non-Catholic person is not bound by Catholic law, the Catholic Church presumes that any marriage the non-Catholic party may have entered into (no matter the location or official witness) is a valid marriage until it is proven otherwise through the marriage tribunal of the Catholic Church. This is so because of the profound dignity marriage has in the understanding of the Catholic tradition. Therefore, it is with great respect that the Catholic Church holds the consent given by members of other faith communities or of non-believers when entering into a marital union. We do not wish to presume that he or she was somehow impeded from giving consent, lacking the capacity to give consent or gave defective consent when exchanging promises with his or her former spouse.

Hence, to enter into a marriage in the Catholic Church, it must be determined that the non-Catholic person is free to do so.

What is "competence"?

In order for a particular marriage tribunal (court) to accept a petition asking for a marriage to be investigated for purposes of obtaining a declaration of invalidity, the tribunal (court) must have jurisdiction or competency. According to the Code of Canon Law jurisdiction may be found in:

The tribunal of the diocese where the marriage took place; or
The tribunal of the diocese where the respondent (former spouse) lives at least three months of the year; or
The tribunal of the diocese where the petitioner lives, with the permission of the Judicial Vicar of the place where the respondent lives, after having heard the respondent, and provided both parties live within the territory of the same Conference of Bishops (the United States); or
The tribunal where most of the proofs will be collected for the hearing of the case, with the permission of the Judicial Vicar of the place where the respondent lives, after having heard the respondent. (Canon 1673

Should one of these four provisions not exist for the given marriage tribunal, it cannot accept and adjudicate the case.

I have remarried. What happens now?

It can happen that following a civil divorce one or both parties of the former marriage might enter into a second marriage. For a Catholic wishing to enter marriage in the Catholic Church, or for a non-Catholic wishing to marry a Catholic in the Catholic Church, a declaration of invalidity must be obtained. As always, the respondent would be informed of the petition and invited to participate in the proceedings. The second marriage of either party does not hinder the annulment process.

At times a formerly married Catholic will enter into a second marriage outside the Catholic Church without the benefit of a declaration of invalidity of his or her first marriage. Should that person seek to have the marriage convalidated (recognized by the Catholic Church), the declaration of invalidity must be sought and pre-marriage preparation received. Then the marriage must be witnessed before an official Church witness and two other witnesses (this is convalidation).

Please remember not all marriages that end in divorce are necessarily invalid. The serious study by the Tribunal may not always result in an affirmative decision.

I am Joining the Catholic Church Through the RCIA. What Do I Need to Know About Annulments?

Many petitions made to the Tribunal originate from persons who are non-Catholic, either baptized in another Christian denomination or unbaptized. Generally, these petitions occur because the non-Catholic is now in RCIA (Rite of Christian Initiation of Adults) and is choosing to become Catholic. If the candidate seeking initiation into the Church has had a previous marriage and is currently in a second marriage, the candidate will need to petition the Tribunal for a possible declaration of invalidity of the first marriage prior to his or her reception into the Catholic Church.

Since reception into the Church for a person who has remarried cannot occur prior to receiving a declaration of invalidity of the first marriage, the director of the RCIA process should address this issue during the initial interview with the interested party, or very shortly thereafter, so that the Tribunal will have sufficient time to process the case. The interested party should also be made aware that although a petition is made, it may or may not be resolved before the coming Easter Vigil celebration.

Please know that the Tribunal works to resolve the cases in an efficient manner, however, no definite timeline can be given for completion.

If you have further questions, please call us here at the Tribunal Office at 503-233-8380. We are happy to be of service.

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Documents in English:

Freedom to Marry: Instructions and Checklist