|
Questions and Answers About
a
Decree
of Nullity
(Annulment)
What is a Decree of Nullity?
A Decree of Nullity is the official name for what
Catholics commonly call an
annulment.
The Decree of Invalidity declares that in a particular marriage an element essential to sacramental marriage was missing at the time of consent
(ie, at the time of marriage). Because of this defect the marriage in
question was never actually a marriage as understood by Church
law. As a result, the persons who
were parties to the initial bond are free to marry in the
Catholic Church.
A Decree of Invalidity does not claim that there never
was a civil marriage. It does not assume ill will on the part of either party
when they entered marriage and does not declare who is at fault for a defect which renders a
marriage invalid. It does not in any way affect the status
of children born during the marriage.
What Are Grounds for
a Decree of Invalidity?
Some marriages may be declared invalid because the marriage was
not consummated, or because one or both
partners did not follow
Church law in attempting to marry. Such cases would
include a Catholic who, without approval, enters a marriage that
is not witnessed by a priest or deacon, or a person who enters
marriage with a partner who was previously married and was not
free to marry.
In other cases, a presumably valid marriage must be proven
invalid due to the absence of certain necessary qualities in one
or both partners. The
grounds
(or reasons) for invalidity include:
Lack of Discretion.
One or both partners may have failed to exercise sufficient
discretion, foresight or judgment due to inexperience, youth,
immaturity or pressure at the time of marriage.
Inability to Assume the Obligations of Marriage.
One or both
partners may not have been able to assume the obligations and
responsibilities of marriage due to psychological problems,
chemical dependency, serious personality disorders or mental
illness.
An Attempt to
Deceive
(what
Canon Law calls Simulation
).
One or both
partners may have entered the marriage without honestly
intending to honor the expectations of
fidelity, permanence, right to children, or to marry as the
church understands marriage.
Misunderstanding or Error. One or both partners may
not have fully understood how the Catholic Church understands
marriage, or may have misunderstood their own or their partner's
ability to live that kind of marriage.
Lack
of Freedom.
One or both partners may have been unable
to exercise the personal freedom necessary to enter into
marriage due to conditions such as force, grave fear, or fraud
at the time of marriage.
How Does One Obtain a
Decree of Invalidity?
Step 1) The
process leading up to a Decree of Invalidity begins when a
Petitioner (the person who requests the Decree) visits with a
parish minister and explains why he or she thinks there is reason
for a declaration of invalidity. The parish minister will help
the Petitioner complete the Petition, which contains
background information and a brief description of the reasons
for a declaration of invalidity. This Petition is submitted it to the
Tribunal, a church court at the diocesan level.
Step 2)
If the
Tribunal determines that it has judicial competence to hear the
case, it notifies the Petitioner and the former spouse (the
Respondent) that the petition has been accepted. (As a matter of justice, Church law provides that
the Respondent has a right to be informed and to participate in
each step of the process.)
Step 3)
The parish minister
helps the Petitioner prepare his/her Testimony, which is in the
form of a questionnaire. The Respondent is asked to complete a
similar questionnaire with the assistance of a parish minister
in his/her geographical area. Each party is asked to name at
least three Witnesses who knew them before or at the time
the wedding took place. The Tribunal contacts these witnesses
by mail when the case is ready for active consideration. The
Tribunal may also request records of counseling or treatment for
mental or emotional problems or chemical dependency.
Step 4) When
all evidence is collected, the Defender of the Bond gives
an opinion on whether there is enough evidence and whether the
proper procedures have been followed; a Judge studies the
evidence, makes a decision and writes a Sentence. A
Decree of Invalidity granted by the First Instance Court
must be reviewed by a Second Instance Court in another
diocese before it takes effect.
Step
5) When the Decree of Invalidity is approved,
the Petitioner and the Respondent are notified; so are the
churches where the partners were baptized and the church where the marriage took
place.
When Should You Petition for a Decree of Invalidity?
It is not possible to petition for a Decree of Invalidity until
a civil divorce has been finalized. After that, it depends
upon the individuals involved.
Some persons choose
to petition for a Decree relatively soon after the divorce.
This is helpful because witnesses are more readily available and
because the process of obtaining a Decree can be part of the
individual's healing process. In some cases, a Decree of
Invalidity brings closure to the previous marriage and enables
an individual to "move on."
Other persons prefer to wait until the pain of the divorce
experience subsides and/or they are interested in the
possibility of remarriage. There are two dangers to
waiting too long: one is that witnesses to the first marriage may
be more difficult to contact or may have more difficulty
remembering information which would favor the Decree; the second is the possibility that
re-marriage will have to be postponed until the Decree process
is completed.
What Is the Cost of a
Decree of Invalidity?
The present cost for a full formal case in the Archdiocese of Dubuque is
currently $400.00. This amount represents only a portion of the
full costs of processing each case.
The Petitioner is responsible for the fees involved in a
Petition for a Decree of Invalidity. If a professional
evaluation is required by the Tribunal, an additional fee is assigned to the
party for whom it is required. However, no person is ever denied the
services of the Tribunal for lack of their ability to pay and ability to pay in no way affects the outcome of the case.
What Effect Does a Decree
Have on Children?
The legal
or spiritual status of children is not affected by a Decree of
Invalidity.
Children's legal status is determined by civil law, and children
are considered legitimate if their parents were legally married
at the time of the child's birth, even if they later divorce. The Decree of Invalidity
addresses the sacramental
nature of the marriage, not its status under civil law, so the legal status of
children is not affected by a Decree of Invalidity.
In addition, Church law specifically protects the spiritual rights
and status of children, even if the parents' marriage is
considered invalid.
_________________________
For information contact:
Director of Adult
Faith Formation.
320 Mulberry St., Waterloo IA 50703 Phone:
319-234-9912 Email: DBQ208s3@arch.pvt.k12.ia.us
Posted
05.12.08
Last Update 09.21.09
|