Tribunal - Questions and Answers
What is an annulment?
An annulment (declaration of nullity) is a judgment made by the Tribunal that one's prior marriage has been found to be invalid according to the laws of the Catholic Church. Evidentiary proof must be presented that one or both of the parties lacked the capacity to consent to marriage or that one of the essential elements of marriage was lacking; other reasons may also exist. Grounds must be present in order to declare a marriage invalid according to Church law. An extensive investigation will take place in order to determine whether a given marriage is invalid or not.
An annulment (declaration of nullity) is a judgment made by the Tribunal that one's prior marriage has been found to be invalid according to the laws of the Catholic Church. Evidentiary proof must be presented that one or both of the parties lacked the capacity to consent to marriage or that one of the essential elements of marriage was lacking; other reasons may also exist. Grounds must be present in order to declare a marriage invalid according to Church law. An extensive investigation will take place in order to determine whether a given marriage is invalid or not.
Will my former spouse be contacted?
Yes. Your previous spouse must be contacted in order to officially notify him or her that a petition has been presented to the Tribunal, requesting that an investigation take place regarding the validity of the prior marriage. As a principal party, he or she has several rights in canon law and has the option to fully participate in this investigation, including, but not limited to: being interviewed, reading the acts of the case, and providing witnesses. He or she is assured of the right of defense.
Yes. Your previous spouse must be contacted in order to officially notify him or her that a petition has been presented to the Tribunal, requesting that an investigation take place regarding the validity of the prior marriage. As a principal party, he or she has several rights in canon law and has the option to fully participate in this investigation, including, but not limited to: being interviewed, reading the acts of the case, and providing witnesses. He or she is assured of the right of defense.
May a divorced Catholic receive the Sacraments?
If a Catholic is divorced and has not remarried, this does not prevent one from receiving the Sacraments; one must be in the state of grace as all Catholics are called to be. If a Catholic has divorced and remarried without benefit of an annulment or is currently living together with someone, he or she must first obtain an annulment as well as his or her proposed spouse, if necessary, and receive marriage preparation in order to exchange consent before the official witness of the Church. Following a declaration of nullity, a prior civil marriage will then be convalidated by this new act of consent which takes place before a priest or deacon and two witnesses.
If a Catholic is divorced and has not remarried, this does not prevent one from receiving the Sacraments; one must be in the state of grace as all Catholics are called to be. If a Catholic has divorced and remarried without benefit of an annulment or is currently living together with someone, he or she must first obtain an annulment as well as his or her proposed spouse, if necessary, and receive marriage preparation in order to exchange consent before the official witness of the Church. Following a declaration of nullity, a prior civil marriage will then be convalidated by this new act of consent which takes place before a priest or deacon and two witnesses.
How do I petition for an annulment?
The first step is for you to contact your parish priest who will serve as your advocate throughout this investigation. He will help you in gathering the necessary documentation as well as in providing assistance as you respond to the thorough questionnaire. When that is completed, he will submit that material to the Tribunal where the official investigation will begin.
Please note the following:
In order to be married in the Catholic Church, all prior marriages, whether or not they took place in the Church, must be investigated for the possibility of a declaration of nullity. Both Catholic marriages and non-Catholic marriages are presumed to be valid unless proven otherwise.
If you should have additional questions, please call the Tribunal at (812) 424-5536 or (800) 637-1731.
The first step is for you to contact your parish priest who will serve as your advocate throughout this investigation. He will help you in gathering the necessary documentation as well as in providing assistance as you respond to the thorough questionnaire. When that is completed, he will submit that material to the Tribunal where the official investigation will begin.
Please note the following:
In order to be married in the Catholic Church, all prior marriages, whether or not they took place in the Church, must be investigated for the possibility of a declaration of nullity. Both Catholic marriages and non-Catholic marriages are presumed to be valid unless proven otherwise.
If you should have additional questions, please call the Tribunal at (812) 424-5536 or (800) 637-1731.
