There is a Marriage Tribunal or Diocesan Court in every Catholic Diocese. The delegate of the Bishop, the Judicial Vicar, supervises the Tribunal in the Diocese of Laredo. He, together with a staff of trained priests, deacons, and lay persons, offers assistance to individuals who formally request that the Church study their marriage to determine the possibility of a Declaration of Nullity. Having received such a declaration, an individual can then contract another marital union under the auspices of the Roman Catholic Church.
The Mission of the Tribunal can be found in these words of Isaiah 61:1: “He has chosen me and sent me To bring good news to the poor, To heal the broken-hearted, To announce release to captives And freedom to those in prison.” Who are these captives? Who are the brokenhearted? Who are the prisoners? They are those who have had the searing experience of divorce and who either have entered a second marriage or desire to do so. Persons in second marriages are not permitted to receive the sacrament of the Church. The Tribunal endeavors through its legal system to bring these persons back into the sacramental life of the Church. While the work is legal, those who do this ministry make sure that the arm of the law touches with the healing hand of Christ.
By God’s plan, marriage is an enduring and exclusive partnership between a man and a woman. The purpose of this partnership is the giving and receiving of love and the procreation and education of children. For all baptized Catholics, a valid marriage is also a ‘sacrament.’
The Church teaches that a marriage can be called real and genuine only when founded on the kind of relationship Christ intended when He raised marriage to the dignity of a Sacrament. Specific intentions and capabilities must be brought to this relationship by the parties involved so that their relationship might be a foundation of the Sacrament of Matrimony. Without these intentions and capabilities and regardless of appearances, there can neither be a sacramental marriage nor a more fundamental union, a valid and legitimate marriage or bond. The purpose of an annulment proceeding is to prove that the parties are not bound to a valid marriage because some essential elements were lacking from the inception of the union or contract – from the time that consent was given.
In accordance with the Gospels, the writings of St Paul, and centuries of Christian tradition, the Catholic Church teaches that every consummated sacramental marriage is indissoluble. The Catholic Church presumes that every marriage, or at least every initial marriage, including a marriage between two non-Catholics, is valid unless otherwise overturned.
An ecclesiastical [Church] annulment is a declaration by a competent Church Tribunal that a particular marriage was never a real and genuine union of the spouses from the outset. That is, there never was a marriage in the true sense of the word. It differs from a civil divorce in that a divorce attempts to dissolve or break a marriage, while a church’s decree of nullity declares that there never was a true bond to begin with. A church annulment does not ‘wipe out’ those historical events that took place during those years of the couple’s union, nor does the Church ever judge the legitimacy of the children.
The ending of a marital relationship can be one of the most painful and difficult experiences a person will ever face. While the Catholic Church teaches and believes in the permanence of the marriage bond and strives to promote stable and faithful marriages, she also recognizes that some unions do not survive because they lack some essential ingredient, without which there could not be a valid marriage. When such a lack of a critical element can be proven by evidence in a Church court, that marriage can be declared null.
A marriage can be declared invalid for several reasons related to one or both partners’ ability to understand and agree to the Catholic understanding of marriage before the wedding ceremony. This must be proven and supported by the witness testimonies.
Here are some common reasons:
It may surprise you that there are no civil effects of a Church Declaration of Nullity in the United States. It does not affect in any manner the legitimacy of children, property rights, inheritance rights, visitation rights, names, etc. A Church annulment is a declaration from the Catholic Church that a particular union, presumably begun in good faith and thought by all to be a valid marriage, was an invalid union as the Catholic Church defines marriage. There is no attempt in the annulment process to accuse or punish individuals. On the contrary, the purpose of an annulment procedure is, whenever possible, to reconcile persons to full sacramental participation in the community of the Catholic Church.
An individual interested in submitting a Petition to the Tribunal should contact the Tribunal Office or parish priest for an initial interview. At this time, the person, hereafter known as the Petitioner, will tell the story of his or her marriage, with particular emphasis on any personal background, circumstances, personality traits, and behavioral patterns on the part of either or both parties which, in their opinion may have caused or contributed to the failure of the union. Specific facts such as the duration of the courtship, the religious affiliation and baptismal status of the parties, and the date and place of marriage and divorce should also be presented at this time.
The Tribunal makes an initial evaluation of each Petitioner to determine whether or not there are grounds acceptable in Church law for proceeding with the case. The Preliminary Process can take as much time as necessary to review. You would be notified directly or through the priest of the action. You may be asked to give additional information for further consideration. You will be assigned an ‘Advocate’ to help during the process.
Witnesses are required by Church law to assist the Tribunal in obtaining a deeper understanding of the marriage in question. The Tribunal would contact Your witnesses and ask them to give their observations in writing, usually through a questionnaire. At least four or five witnesses are required. Typically, the number of witnesses is not helpful in these situations; instead, it is the quality of their testimony. We would need witnesses with specific information and knowledge concerning the parties at the time of the marriage and before the marriage. It would be wise to seek the cooperation of witnesses before you list them on the witness form.
Inform them that you are petitioning the Catholic Church for an annulment and that the Tribunal Office will contact them if they agree to cooperate. You may release them from a former bond of confidentiality, either written or spoken or even presumed. They must also know that the Catholic Church holds their statements in confidence.
Divorce is often an emotionally painful experience. Dreams are ended. Persons feel hurt and alienated from one another, their community, the Church, and God. Usually, a person holds the pain of rejection inside.
This process is an opportunity for reflection. One recalls and tells the story of the marriage as a whole. In recalling one’s story, the person looks at the cumulative effects of their experience on this relationship. As one writes or speaks about the marriage relationship, one learns more about the former spouse and yourself. As the parties come to recognize the root of the failure of their marriage, they can more easily forgive and move on.
The Declaration of Invalidity officially states that the former marriage is not an obstacle to a future marriage within the Catholic Church.