Tribunal

A Christian marriage is a sacramental relationship in which a couple establishes a partnership for the entire life. It is a holy covenant of life and love, demanding a mature commitment and conscious decision to love from the partners – one that should not be entered into lightly. Sadly, the reality is that not all marriages succeed. People have entered marriages without sufficient readiness. Some other factors may also have existed which mar the commitment, resulting in breakdown and failure. Subsequently, divorce and remarriage may occur, excluding affected persons from full participation in the Church’s sacramental life.

The Church presumes that every marriage is valid unless proven otherwise. If there has been a marriage of any kind (religious or civil) ended by a divorce, some Church process is required before a previously married person is recognized as free to marry in the Catholic Church. This applies even if the partners in the former marriage were not Catholic. The Church considers a marriage entered into by two non-Catholics, Christian or other, to be true marriages. Therefore, any previous marriage is an obstacle to a new marriage with a Catholic ceremony (Not every marriage needs the same kind of process. What is needed depends upon the unique circumstances of each marriage.).

A declaration of nullity is a judgment from the Catholic Church that a marriage was not a valid Christian marriage as the Church defines marriage. Because the Church sees marriage as a call to mutual self-giving for the good of the spouses and the nurturing of children, the question of validity addresses whether the spouses were capable of, and open to, entering into a permanent commitment. If it can be shown that something essential was lacking at the time of the exchange of vows, then the Church declares the marriage “null.” The annulment process can help people come to peace within themselves and with the community of the Church after a failed marriage ends in divorce.

A church declaration of nullity has no civil effects in the United States. It is not a legal divorce, for it does not dissolve an existing marriage. It does not affect the legitimacy of children, property or inheritance rights, usage of names, etc. This declaration from the Catholic Church that a particular union, presumably begun in good faith and erstwhile thought by all to be a marriage was, in fact, an invalid union as the Church defines marriage. There is no attempt in this study to attach blame or to punish individuals. Instead, the purpose of the procedure is to serve one’s conscience and spirit and to reconcile persons to full participation in the community of the Church.

The Tribunal has a staff of specially trained and experienced priests, religious and lay persons. We offer assistance to people who request the Church to study a marriage in order to determine whether or not there are any grounds acceptable in church law for a declaration of nullity. The Tribunal then investigates the failed marriage following a judicial process, and declares whether or not invalidity has been proven beyond a reasonable doubt. The guidelines used by the Tribunal are the gospel teachings of Jesus Christ and the Law of the Catholic Church. Pope Pius XI defined the role of the Tribunal in these words: “to care for the dignity of marriage; to work for the good of the persons.” The Tribunal works towards this end by diligently protecting the rights of a man and a woman in a specific marriage, as well as the rights of the Church which have been charged by Christ to be the guardian of the Sacrament of Matrimony.