• Annulment Q & A

   

  What is an annulment in the Catholic Church ?

   

  An annulment in the Catholic Church is an affirmation by the Church that a legally divorced couple lacked some essential element in their marriage which kept it from being a life-giving and mutually supportive union. 

   

  Who makes this decision and how is it arrived at?

   

  The marriage tribunal of a Catholic diocese generally makes this decision after a careful investigation of a particular couple’s marriage. This investigation is carried out through testimony provided by the parties involved and by witnesses whose names have been submitted by either spouse. The testimony is always kept in confidence.

   

  Why does the Catholic Church grant annulments since it teaches that marriage is for life?

   

  The Catholic Church does teach that all valid marriages are binding until the death of either spouse. However, not every marriage is automatically a valid one. A valid marriage is one which is life-giving and mutually supportive to both persons involved. Therefore, individuals have a right to question the validity of their marriages and present their cases to the Marriage Tribunal of the Church. This is not a Catholic “divorce” but the Church's way of helping persons whose marriage did not last, or were not valid in the beginning.

   

  Who may seek an annulment in the Catholic Church?

   

  Any persons, Catholic or non-Catholic, who consider their marriages irretrievably broken and who think there is reason to question the validity of their marriage may petition for an annulment.

  The Catholic Church will not begin proceedings for an annulment unless a civil divorce has already been granted since the annulment does not carry any civil authority. Both parties to a marriage do not have to petition for an annulment; either party has the right to seek an annulment.

   

  How does a person begin the process of seeking an annulment?

   

  An initial step, after reading this pamphlet, is to make an appointment with one of the clergy or lay Advocates of your parish to discuss the matter. At the same time it is helpful to begin gathering the required documents: a recent copy of baptismal record for Catholics, a copy of the original marriage license and final signed divorce decree. Normally, at the initial meeting, the local clergy or lay Advocate will assist you in beginning to complete forms and will apprise you of future steps to take.

   

  How long does the process take?

   

  This depends on the type of “marriage case” under which a particular couple’s marriage fits. Some cases may be resolved in about 6 to 8 months, while other more complex situations may take a year or longer. After your initial interview, you can sometimes determine an approximate length of time, but each case is different.

   

  What are the possibilities of a particular marriage being annulled?

   

  While every person involved in a previous marriage has a right to seek an annulment, there is no certainty that an annulment will be granted in each case. The nature and circumstances of each marriage are different. Some of the reasons marriages are annulled are the following:

   

  1.  Lack of Catholic legal (Canonical) form, that is, a Catholic married civilly or before a non-Catholic minister without the permission of the Catholic Church;

   

  2.  Explicit intention of excluding permanence or faithfulness by a party;

   

  3.  Explicit intention not to have children in the marriage;

   

  4.  Lack of freedom, that is, a person was pressured into marriage, e.g., pregnancy before marriage;

   

  5.  Inability to assume the essential obligations of marriage.

   

  Note that the marriage between two baptized non-Catholics before a non-Catholic minister or in a civil ceremony is assumed to be a true sacramental marriage by the Catholic Church. Reasons need to be present to declare invalid such marriages. This is important to remember because some divorced non-Catholics, who wish to marry a Catholic, often think that their previous non-Catholic marriage is not an impediment to marriage in the Catholic Church.

   

  What does it cost to have an annulment?

   

  Although it often varies from diocese to diocese, in Dallas there is no cost. Parishes are directly assessed to support the work of the Marriage Tribunal in order to prevent money, or lack thereof, from being a prohibitive factor for those seeking an annulment.