Tag Archives: Declaration Of Nullity / Annulment

Convalidation: Bringing Your Marriage Into The Church

Note: The following text is intended to give a basic overview of the convalidation process. Because every couple’s situation is unique and because practices related to the implementation of the process may vary from diocese to diocese, persons interested in pursuing a convalidation and/or a declaration of nullity should speak with their parish priest or a professional at the local Tribunal.

“It is the presence of the Lord, who reveals Himself and the gift of His grace, that will render your marriage full and profoundly true.” – Pope Francis

Is my Marriage Recognized by the Church?
Like other couples in your parish or family, you may be wondering if your marriage is fully recognized by the Catholic Church. Catholic Church law ordinarily requires baptized Roman Catholics to marry before a priest or deacon. Unless they received a “dispensation from canonical form,” Catholics who exchange vows in the presence of ministers from other religious traditions or civil officials are not considered validly married in the eyes of the Catholic Church.

Regardless of what happened in the past, the Catholic Church invites you to bring new meaning to your lives by embracing the vocation of marriage and dedicating your family’s mission to sharing God’s love.

Why Marry Catholic?
Catholic Marriage is unique among other marital relationships because it is a sacrament that makes Christ present in our world. The relationship between husband and wife mirrors the relationship of Jesus Christ for his people. In the Catholic tradition, husband and wife accept a role in God’s plan for humanity. They are ambassadors of God’s love, and they collaborate with God to keep humanity alive.

The vows exchanged by the couple are a sacred pact through which the spouses embrace each other, and, together, embrace Jesus as their partner. Through their union with Christ they participate in the unbreakable pact between God and humanity: the covenant that was sealed in the death and resurrection of Christ.

Benefits of Catholic Marriage
One of the many benefits of a sacramental marriage is the power of God’s grace, which helps couples keep their commitment and find happiness together. Social scientists are finding that couples who recognize God’s presence in their relationship experience more satisfaction and are more likely to achieve lifelong marriage.

All in all, couples who choose to bring their marriage into the Church receive many gifts – peace of heart, oneness with the Church, the fullness of the sacraments, and God’s special blessing upon their marriage.

What if there is a Prior Marriage?
In the simplest terms, if a Catholic wishes to marry in the Church when there has been a previous marriage for either party, the partner in the earlier union must have died or the Church must have issued a declaration of nullity (frequently called an annulment) of the previous marriage.

The Catholic Church views all true marriages with respect. It presumes that they are valid. Thus, it considers the marriage of two Protestant, Jewish or even non-believing persons, any of whom marry according to their own tradition, to be binding in the eyes of God. Consequently, a tribunal process is required to establish that an essential ingredient in the relationship was missing from the start of the previous marriage.

For Catholics with a prior marriage outside the Church, the declaration of nullity is based on what is called a “lack of canonical form.” For Catholics with a prior “valid” marriage, the tribunal process is termed a “formal case.” Catholics should consult with their pastor if a declaration of nullity is needed.

Three Things that Make Marriage Valid in the Church
Three things need to be in place for a true (valid) marriage: capacity, consent, and canonical form. A valid Catholic marriage comes into existence when a man and woman who are capable, give consent to a true marriage, including all the essential properties of marriage, and exchange this consent in the proper form for Catholic weddings.

Convalidation is not simply a “blessing” of an existing union. It requires that a new, free act of consent be made.

Capacity

  • Psychological capacity (emotional maturity and stability)
  • Physical capacity
  • Freedom from impediments (e.g. a prior marriage, vows in a religious order, etc.)

Consent

  • To a lifelong marriage
  • To an exclusive marriage
  • To a marriage that is open to children

Canonical Form

  • To be married in the presence of a Catholic bishop, or a priest or deacon delegated by either the pastor or bishop, and two witnesses according to the Order of Celebrating Matrimony.

NOTE: Special permission is required for Catholics to marry in a place other than their parish church.

Ten Steps toward Convalidation:

  1. Contact your local parish for an appointment with your pastor or his delegate to discuss the situation and determine what must be done.
  2. Obtain a new copy of the baptismal certificate for the Catholic party (or parties). Make that request to the parish where the person was baptized. If the parish no longer exists or baptismal records are unavailable, contact the Chancery office of that Catholic diocese for assistance.
  3. Begin collecting the necessary paperwork for the Pre-Nuptial Investigation.
  4. Participate in formational sessions with a mentor couple, priest or deacon in the parish to prepare you for sacramental marriage; take a Natural Family Planning Class (http://www.usccb.org/issues-and-action/marriage-and-family/natural-family-planning/find-an-nfp-class.cfm).
  5. If there is a prior marriage for either party, seek a Church declaration of nullity.
  6. As part of your formational sessions, you may be asked to complete a premarital inventory to identify strengths and areas for growth in the relationship.
  7. If married civilly two years or less, attend a parish or diocesan marriage preparation program (some examples listed here); if previously married, discuss with the priest or his delegate options for specialized preparation.
  8. If married more than two years it is highly recommended that you attend a marriage enrichment weekend or event (some examples listed here).
  9. Determine the date and most suitable type of ceremony. For two Catholics, a nuptial Mass is suggested so that the first meal shared by the couple is the Eucharist, the source and summit of our faith. Plan a joyful get-together that will follow the liturgical service to celebrate the Church’s recognition of your marriage.
  10. Celebrate the Sacrament of Reconciliation and become actively involved together in your parish community.

Copyright © 2016, Diocese of Trenton. All rights reserved. Altered and used with permission. To order copies of this information in pamphlet form, visit http://www.dioceseoftrenton.org/convalidation.

Is a Divorced Person Excommunicated?

A reader has asked the following question:

How do you respond to someone who says he is excommunicated from the Church so he no longer attends because he’s divorced and did not receive an annulment? I know it isn’t true but I don’t know the details.

Answer:

Some people believe that a Catholic who divorces is excommunicated. Not true! Divorced persons are full members of the Church and are encouraged to participate in its activities. The U.S. Catholic Catechism for Adults says: “When divorce is the only possible recourse, the Church offers her support to those involved and encourages them to remain close to the Lord through frequent reception of the Sacraments, especially the Holy Eucharist.” Read more about the Church’s teaching on divorce.

Should a divorced Catholic wish to remarry in the Church he or she may need an annulment. Read more about the annulment process. Even if a Catholic has divorced and remarried civilly, the Church does not want them to be alienated. The Catechism of the Catholic Church urges attention to them, “so that they do not consider themselves separated from the Church, in whose life they can and must participate as baptized persons” (no. 1651).

Divorce and the Church’s Healing Ministry

May you have true friends to stand by you,
both in joy and in sorrow.
—Rite of Marriage, (1) no. 37

Many Catholics in the United States hear this simple but powerful prayer at the conclusion of a Catholic wedding ceremony. As part of the final blessing bestowed upon the couple, it captures well the Church’s fervent prayer for both husband and wife as they begin their new life together. It expresses the hope of the entire Christian community that care, concern, and support will be present to them during their most joyful and most sorrowful times.

Newly married couples begin life together in anticipation that their marriages will last. What they desire deeply within their hearts on their wedding day conforms to God’s deepest desire for them. If a marital relationship subsequently ruptures—for any one of myriad reasons, and despite all attempts to remedy their situation—couples can find themselves in very uncertain and sometimes fearful circumstances. (2)

The Catholic Church’s teaching and discipline regarding divorce are rooted in the words of Jesus (see Mt 19:3-9, Mk 10:2-12, and Lk 16:18). This teaching affirms that God’s plan for marriage—from the very dawn of Creation (see Gn 1:28 and 2:18-24)—is a partnership of mutual and lasting fidelity.(3) Marriage is an irrevocable covenant brought about by the consent of the spouses, by which they agree to give and accept themselves completely through life’s inevitable challenges and celebrations. Accordingly, “between the baptized, ‘a ratified and consummated marriage
cannot be dissolved through any human power or for any reason other than death.’”(4) Because of the enduring sinfulness of the human condition, the Church recognizes that a separation of the spouses can later occur—often for grave and unfortunate reasons—with the original marriage bond remaining. (5)

The above epigraph from the Rite of Marriage reflects St. Paul’s Letter to the Romans, wherein he exhorts the Christian community to “rejoice with those who rejoice, weep with those who weep” (Rom 12:15). It follows Paul’s moving reflection on the body of Christ and the role that each part of the body exercises in supporting the others in loving communion. Persons who experience marital discord will naturally turn to the comfort of family and friends for initial support. As a family of faith, moreover, the entire Christian community—made present to the couple on their wedding day—is exhorted to accompany those who suffer from an irremediable marriage situation. Pope John Paul II was an especially strong proponent of the Church’s responsibility in this regard. Referring to persons who are separated or divorced but not remarried civilly, he stated that

The ecclesial community must support such people more than ever. It must give them much respect, solidarity, understanding and practical help, so that they can preserve their fidelity even in their difficult situation; and it must help them to cultivate the need to forgive which is inherent in Christian love, and to be ready perhaps to return to their former married life. (6)

Parishioners and parish leaders might well ask themselves: How are separated and divorced persons treated in this parish? What is the parishioners’ prevalent attitude toward persons who are separated or civilly divorced? Pope John Paul II characterized the fundamental Christian attitude that ought to permeate a parish’s response: “let these men and women know that the Church loves them. . . . it is necessary to welcome them with charity and kindness.” (7) In his first encyclical, devoted to the meaning and exercise of Christian charity, Pope Benedict XVI further reflected on the ecclesial exercise of charity: “as a community, the Church must practice love. Love thus needs to be organized if it is to be an ordered service to the community.” (8)

Putting Faith in Practice

In 2005, to inaugurate its National Pastoral Initiative on Marriage, the United States Conference of Catholic Bishops invited dioceses to conduct focus groups with married Catholics, including spouses who are separated or divorced. The focus groups presented recommendations for pastoral outreach to those in this situation. “Many spoke of the need for resources (lists of counselors, reading materials, websites) that could be posted on a parish and/or diocesan website. . . . [for] parish-based support groups. . . . [and for] programs for divorce care . . . that reinforce Catholic teaching.” Other participants recommended that “parishes sponsor activities that are not always family-centered.”(9)

Pastoral practices aimed at persons who are separated or divorced are best complemented by catechetical initiatives to form the entire parish community in becoming welcoming and encouraging examples of Christian evangelization. (10) Such initiatives can provide needed clarity in explaining truthfully the Church’s teachings related to marriage and reconciliation and offer the needed correctives for today’s misconceptions. Through such initiatives, brokenness can be healed, self-worth can be affirmed, and isolation can be overcome. Thus welcomed into the Body of Christ, the separated and divorced are able to draw closer to the Lord, discover the rich mercy of his promise of forgiveness, and remain ever confident of the Lord’s commitment to shoulder their burdens along with them (see Mt 11:30).

Some separated and divorced Catholics express the mistaken notion that their situation objectively sets them outside the Catholic community. This could not be further from the truth. It is essential that divorced Catholics know that they are not excommunicated under church law and that their right and responsibility to participate in the life of the Church—which they possess by virtue of Baptism—does not cease with the breakup of their marital union.(11) In fact, participation in the life of the Church is essential for continued growth in the faith.

It is true that Catholics who are divorced and civilly remarried present a unique challenge for the Church’s ministry. In fidelity to the teaching of Christ and the prescriptions of canon law, the civil union is invalid. Couples in these situations therefore “find themselves in a situation that objectively contravenes God’s law.”(12) They may not receive the Eucharist or exercise other official functions within the Church until their sinful situation is resolved. Divorced and civilly remarried Catholics can and should remain active in many other ways, however, such as reflecting on the Word of God, attending Mass, fostering works of charity and justice, cultivating a spirit and practice of penance, and continuing to guide their children in the Catholic faith. (13)

Daily parish life offers pivotal moments for ongoing catechesis on the Church’s teachings related to marriage and reconciliation. Adult faith formation programs, retreats, homilies, missions, and formation for newly married couples are suitable occasions to address marital difficulties as they arise. Because the pain and rupture of separation and divorce extend to other family members, children of separated and divorced Catholics should hold a special place within the Church’s healing and catechetical ministries. Some divorced Catholics have expressed concern that their children’s legitimacy will be affected by a subsequent declaration of nullity by a church court. These persons ought to be assured, however, that the children’s legitimacy is not affected by such declarations.(14) National and international programs developed specifically for separated and divorced persons can be adapted with great effect to attend to families’ emotional needs and support parents in fulfilling their natural and ecclesiastical obligations toward their children.

A Future Filled with Hope

The Church’s diverse response to Catholics who are separated or divorced is always faithful to Christ’s teaching on the indissolubility of marriage and the Church’s vigilance concerning scandal. Parish staffs, in collaboration with diocesan personnel, should work closely with Catholics who find themselves in these situations to explore the various options that are available for remedying their situations. In some instances, it will be helpful to discuss with a church tribunal official the possibility of petitioning for a declaration of matrimonial nullity. (15) Pastors and priests will also want to work closely with spouses who were believed to have been instrumental in the breakup of their marriage for proper conscience formation and signs of repentance. (16)

The gospel message makes evident the truths that sin and suffering will continue to exist, even within marriages of well-intentioned Catholics, and that God’s everlasting love is revealed in the Lord’s unending promise of forgivenessvand the hope of a new beginning. Christian hope “affords us joy even under trial,” (17) permitting us to proclaim with the words of St. Paul, “Rejoice in hope, endure in affliction” (Rom 12:12).

This material was originally developed as a resource for Catechetical Sunday 2010.

Notes

  1. See Rite of Marriage, in The Rites of the Catholic Church, study ed. (New York: Pueblo Publishing Company, 1990).
  2. A 2007 Center for Applied Research in the Apostolate (CARA) study commissioned by the Committee on Marriage and Family Life of the United States Conference of Catholic Bishops (USCCB) reported that 13 percent of adult Catholics in the United States are currently separated or divorced, a statistic
    that mirrors the incidence of divorce among the population
    of the United States generally. See CARA, Marriage in the Catholic Church: A Survey of U.S. Catholics, October 2007, www.usccb.org/laity/marriage/marriage_report.pdf.
  3. See Catechism of the Catholic Church (CCC), 2nd ed. (Washington,
    DC: Libreria Editrice Vaticana–USCCB, 2000), nos. 1603-1605, 1614.
  4. CCC, no. 2382, quoting Code of Canon Law: Latin-English Edition: New English Translation (CIC) (Washington, DC: Canon Law Society of America, 1998), c. 1141.
  5. See CIC, cc. 1152-1153.
  6. Pope John Paul II, Apostolic Exhortation On the Family (Familiaris Consortio) (Washington, DC: USCCB, 1982), no. 83.
  7. Pope John Paul II, Address to the Pontifical Council for the Family (January 24, 1997), nos. 2 and 4, www.vatican.va.
  8. Pope Benedict XVI, Encyclical God Is Love (Deus Caritas Est) (Washington, DC: USCCB, 2006), no. 20.
  9. For the complete focus group report, see www.usccb.org/laity/marriage/separated.shtml.
  10. See USCCB, National Directory for Catechesis (Washington, DC: USCCB, 2005), no. 36.C.2.
  11. See CCC, no. 1651.
  12. Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church Concerning the Reception
    of Holy Communion by the Divorced and Remarried Members of the Faithful (Annus Internationalis Familiae) (September 14, 1994), no. 4, www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_14091994_rec-holy-comm-by-divorced_en.html. See also Pontifical Council for Legislative Texts, Declaration “Concerning the Admission to Holy Communion of Faithful Who Are Divorced and Remarried” (June 24, 2000), www.vatican.va/roman_curia/pontifical_councils/intrptxt/documents/rc_pc_intrptxt_doc_
    20000706_declaration_en.html.
  13. Pope John Paul II, Familiaris Consortio, no. 84; see also CCC, no. 1651, and Pope Benedict XVI, Post-Synodal Apostolic Exhortation The Sacrament of Charity (Sacramentum Caritatis) (Washington, DC: USCCB, 2007), no. 29.
  14. See CIC, c. 1137.
  15. See USCCB, United States Catholic Catechism for Adults (Washington, DC: USCCB, 2006), 288-289.
  16. CCC, no. 2386.
  17. CCC, no. 1820.

About the document

The document Divorce and the Church’s Healing Ministry was developed as a resource by the Committee on Evangelization and Catechesis of the United States Conference of Catholic Bishops (USCCB). It was reviewed by the committee chairman, Bishop Richard J. Malone, and has been authorized for publication by the undersigned.

Msgr. David J. Malloy, STD
General Secretary, USCCB

Save

Annulments (Declarations of Nullity)

What is an annulment?
“Annulment” is an unfortunate word that is sometimes used to refer to a Catholic “declaration of nullity.” Actually, nothing is made null through the process. Rather, a Church tribunal (a Catholic Church court) declares that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union.

For a Catholic marriage to be valid, it is required that: (1) the spouses are free to marry; (2) they are capable of giving their consent to marry; (3) they freely exchange their consent; (4) in consenting to marry, they have the intention to marry for life, to be faithful to one another, and be open to children; (5) they intend the good of each other; and (6) their consent is given in the presence of two witnesses and before a properly authorized Church minister. Exceptions to the last requirement must be approved by Church authority.

Why does the Church require a divorced Catholic to obtain a declaration of nullity before marrying in the Church?
In fidelity to Jesus’ teaching, the Church believes that marriage is a lifelong bond (see Matt 19:1-10); therefore, unless one’s spouse has died, the Church requires the divorced Catholic to obtain a declaration of nullity before marrying someone else. The tribunal process seeks to determine if something essential was missing at the moment of consent, that is, the time of the wedding. If so, the Church can declare that a valid marriage was never actually brought about on the wedding day.

What does the tribunal process involve?
Several steps are involved. The person who is asking for the declaration of nullity – the petitioner – submits written testimony about the marriage and a list of persons who are familiar with the marriage. These people must be willing to answer questions about the spouses and the marriage. If the other spouse did not co-sign the petition, the tribunal will contact that spouse – the respondent – who has a right to be involved. In some cases the respondent does not wish to become involved; the case can still move forward.

Based upon the information that was submitted, a tribunal official will determine the process that is to be followed. Regardless of the selected process, both the petitioner and the respondent will be able to read the testimony submitted, except that protected by civil law (for example, counseling records). Each party may also appoint a Church advocate to represent him or her before the tribunal. A representative for the Church, called the defender of the bond, will argue for the validity of the marriage.

If the tribunal decides in favor of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal of the decision is lodged or the decision includes a prohibition against one or both of the parties marrying until certain underlying issues have been resolved (see Code of Canon Law, 1682.1).

How long does the process take?
The length will depend upon the type of process that is followed, e.g., the ordinary judicial process, the process before the bishop, a documentary process, or a process before a Roman court. Your diocesan tribunal will be able to give you a more exact estimate based upon your case.

How can a couple married for many years present a case?
The tribunal process examines the events leading up to, and at the time of, the wedding ceremony, in an effort to determine whether what was required for a valid marriage was ever brought about. The length of common life is not proof of validity but a long marriage does provide evidence that a couple had some capacity for a life-long commitment. It does not prove or disprove the existence of a valid marriage bond.

If a marriage is declared null, does it mean that the marriage never existed?
No. It means that a marriage that was thought to be valid civilly and canonically was in fact not valid according to Church law. A declaration of nullity does not deny that a relationship existed. It simply states that the relationship was missing something that the Church requires for a valid marriage.

If a declaration of nullity is granted, are the children considered illegitimate?
No. A declaration of nullity has no effect on the legitimacy of children who were born of the union following the wedding day, since the child’s mother and father were presumed to be married at the time that the child was born. Parental obligations remain after a marriage may be declared null.

I do not plan to re-marry. Why should I present a marriage case?
Some people find that simply writing out their testimony helps them to understand what went wrong and why. They gain insights into themselves. Others say that the process allowed them to tell their whole story for the first time to someone who was willing to listen. A person cannot know today if they might want to marry in the future when crucial witnesses may be deceased or their own memories may have dimmed.

Why does the Catholic Church require an intended spouse, who is divorced but not Catholic, to obtain a declaration of nullity before marrying in the Catholic Church?
The Catholic Church respects the marriages of non-Catholics and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding for life. Marriages between baptized persons, moreover, are considered to be sacramental. The Church requires a declaration of nullity in order to establish that an essential element was missing in that previous union that prevented it from being a valid marriage, and thus the intended spouse is free to marry.

This is often a difficult and emotional issue. If the intended spouse comes from a faith tradition that accepts divorce and remarriage, it may be hard to understand why he/she must go through the Catholic tribunal process. Couples in this situation may find it helpful to talk with a priest or deacon. To go through the process can be a sign of great love of the non-Catholic for the intended spouse.

My fiancé/e and I want to marry in the Catholic Church. He/she has been married before and has applied for a declaration of nullity. When can we set a date for our wedding?
You should not set a date until the tribunal’s decision has been finalized. First, the petition may not be granted. Second, even if the petition is eventually granted, there may be unexpected delays in the process, e.g., if your fiancé/e’s spouse wishes to appeal the tribunal’s decision.

How much does it cost?
Pope Francis has asked dioceses whenever possible to provide their tribunal services free of charge. Depending upon how much your diocese is able to subsidize the work of its tribunal, you may be asked to pay a nominal fee. You may also be asked to make a donation following the completion of your case. Fees are typically payable over time, and may be reduced or even waived in cases of financial difficulty. Other expenses may be incurred when consultation with medical, psychological, or other experts is needed, or if you obtain the services of a private canon lawyer to represent you.

How do I start the process?
Your parish can provide the information and forms that you need to get started.

For more information:

Divorce

How does the Church view divorce?
The Church believes that God, the author of marriage, established it as a permanent union. When two people marry, they form an unbreakable bond. Jesus himself taught that marriage is permanent (Matthew 19:3-6), and St. Paul reinforced this teaching (see 1 Cor 7:10-11 and Eph 5:31-32). The Church does not recognize a civil divorce because the State cannot dissolve what is indissoluble. See Catechism of the Catholic Church, #2382-2386.

Are divorced people excommunicated from the Catholic Church?
No. Divorced people are full members of the Church and are encouraged to participate in its activities.

May a divorced Catholic receive Holy Communion?
Yes. Divorced Catholics in good standing with the Church, who have not remarried or who have remarried following an annulment, may receive the sacraments. Catholics who have civilly divorced are encouraged to speak with their parish priest or a spiritual director about their particular situation regarding reception of Holy Communion. Please see the Catechism of the Catholic Church, nos. 2382-2386, for more information.

What support does the Church offer to divorced persons?
The Church understands the pain of those caught in this situation. When divorce is the only possible recourse, the Church offers her support to those involved and encourages them to remain close to the Lord through frequent reception of the Sacraments, especially the Holy Eucharist. (United States Catholic Catechism for Adults, p. 287). Many dioceses offer programs and support groups for divorced and separated persons. Catholic Divorce Ministry, The Beginning Experience, and Journey of Hope are helpful resources.

I am a divorced Catholic who would like to remarry in the Catholic Church. What do I need to do?
Unless your former spouse has died, you will need to obtain an annulment.

I am divorced. I am not a Catholic but I plan to marry a Catholic. We have been told that I need to obtain an annulment before we can marry in the Catholic Church. I do not understand this since I was not married in the Catholic Church.
The Catholic Church respects all marriages and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding. Any question of dissolution must come before a Church court (tribunal). This teaching may be difficult to understand, especially if you come from a faith tradition that accepts divorce and remarriage. Some couples in a situation similar to yours have found it helpful to talk with a priest or deacon. To go through the annulment process can be a sign of great love for your intended spouse.

Related resources:

Divorce and Beyond, a book offering a ten-session program to guide people through the grieving process of a divorce. Appropriate for individuals or for divorce support groups, helps start the healing process through study, reflection, and discussion. Also available in Spanish.

Surviving Divorce – Hope and Healing for the Catholic Family, a 12 DVD series with guide either for personal use or as a parish program. Includes Catholic authors Rose Sweet, Dr. Ray Guarendi, Christopher West, and Fr. Mitch Pacwa. Available through Ascension Press.

For Further Reading: