THE TRlBUNAL
REQUIRES
- Up-to-date information regarding addresses, telephone numbers of: the Petitioner (applicant), the Respondent (the other spouse), all witnesses . If you cannot provide any one of the above, the Tribunal may not be in a position to proceed. Please contact the Tribunal for further advice.
- Witnesses must agree to give evidence to the Tribunal before it contacts them.
- The Tribunal also needs copies of:
- the Church's marriage certificate
- Petitioner's baptism certificate (recent issue)
- Respondent's baptism certificate (recent issue)
- a copy of the Legal Separation document , or of Civil Nulity, when available
- any related medical certificates if available.
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WHAT YOU NEED TO KNOW
- The Nullity process
follows the rules of the Code of Canon Law.
- The Church upholds and presumes the validity of a marriage until the contrary is proven. The fact that an application has been accepted for an investigation is no guarantee of an “affirmative” decision, that is, one in favour of a declaration of nullity
- In order to be considered free to remarry, one must be in possession of two confirmatory decisions in favour of the nullity given by two competent tribunals. Furthermore, the person/s must not labour under any prohibition imposed by the said Tribunals; or at least that such a prohibition has been duly lifted.
- Access to information
is carried out in accordance with Canon Law.
- When the parties have
given their evidence, the Tribunal will request the evidence of their
witnesses.
It is important to nominate only
those persons who have first-hand knowledge of the courtship and marriage
details. The Instructing Judge or Auditors, who can be either priests or trained lay people will take the witnesses’ evidence. This is done on a one-to-one basis.
- Both spouses have the right to be assisted by an Advocate. The Advocate, chosen from a list of persons who have been duly warranted once they satisfy the canonical requirements, has the right to be present during all judicial sessions and to inspect the acts of the case throughout the whole process.
- The Tribunal will deal
with all questions of finance in association with the case.
Monies received will be
acknowledged.
- Failure to co-operate with or to reply to
Tribunal correspondence will slow the progress of the case.
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HOW THE PROCESS WORKS
It is important that
you know how a case progresses at the Tribunal. In our case, in line with the universal law of the Catholic Church, each claim of nullity is examined by a Tribunal made up of three Judges. The Defender of the Bond also intervenes.
- Upon receipt of the
signed Petition the Judicial Vicar will follow the proper procedure in
accepting the case.
- Once the case is accepted, the Respondent will be immediately informed by post and served with a copy of the Petition. He/She will be allowed a specified time within which to respond.
- A date is set for a session when in the presence of both parties (and their respective Advocates, if the parties have chosen to be assisted by any), as well as of the Defender of the Bond, the Judicial Vicar will establish the grounds on which the nullity of the marriage in case is being alleged.
- The session for the Joinder of the Issue is followed by the gathering of evidence: hearing both parties, witnesses – be they called by the parties themselves or even by the Defender of the Bond or the Judge – and sometimes also requesting reports by Experts, e.g. psychologist, psychiatrist, gynaecologist, etc.
- When all available information is gathered and the law of the Church has been followed, the Collegiate Tribunal will make a decision at First Instance.
- If a decision is “affirmative” the case automatically goes to the Tribunal of Second Instance. The parties are duly informed. If the decision is “negative”, the parties have the right to appeal. If no appeal is received within a specified time, the case is considered closed and is deposited in the Tribunal archives.
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REMEMBER
- To inform the Tribunal
of any change of address, name, etc.
- To make important
enquiries in writing.
- To assist the Tribunal
promptly if requested.
- The process is lengthy
but can be speeded up if parties and witnesses co-operate.
- Not every marriage
that breaks down is invalid.
- Tribunal personnel are
available to offer advice and assistance where possible.
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SIX MOST
COMMONLY ASKED QUESTIONS ABOUT ANNULMENTS
The Catholic Church teaches us that marriage is an intimate, exclusive and permanent partnership of a man and a woman which exists for the good of the spouses and the procreation and education of children. Marriage is brought into being by the voluntary and deliberate exchange of consent (marriage vows) of the parties. For the good of all concerned (spouses, children, families, society and the church), every marriage (whether of Catholics or non-Catholics) is presumed valid. This is the constant teaching of the Church.
While the Catholic Church upholds the dignity, sacredness and permanence of marriage, it cannot ignore the reality of separation in our society. The Church must reach out to those who are struggling with the pain of a broken marriage.
It is therefore important to make a preliminary clarification of terminology. The use of the word “annulment” can be rather misleading. The reason is that the Church has no authority whatsoever to annul a valid marriage, that is, one that in the eyes of God has truly come into existence. That is why it is more exact to speak of a declaration of nullity. Such a declaration is precisely that: declaring, that after a careful examination of all the facts, it has resulted that such a particular union, which so far appeared to be a marriage, was indeed never a true marriage; for some reason, clearly contemplated in Church law, that union was never a marriage. And the canonical trial established this state of fact. This is a declaration of nullity – which therefore does not nullify, annul something that really existed, but simply states that there marriage never existed in the first place.
“Annulments” ARE NOT Catholic divorces. A divorce is a civil legal action whereby the contract of marriage is dissolved, division of property and custody of children are settled, and a husband and wife are declared free to enter new unions with different partners. A Catholic Declaration of Nullity states that, in the eyes of the Church, a true bond was never established. With few exceptions, the Church's nullity process is a way of helping persons come to peace in themselves, and within the community of the Church, after a marriage has irretrievably broken down.
Q1.How long will it take to get my
declaration of nullity?
A1. First of all, there is no guarantee that a Declaration of Nullity will be granted. Each case is unique and is judged on its own merits. NO PLANS FOR A NEW MARRIAGE IN THE CATHOLIC CHURCH CAN BE MADE until a Declaration of Nullity which has become executive, after two conforming decisions, is granted. The Tribunal cannot predict the length of time needed to process a case. Because of the considerable backlog, it will take time between the Session for the Joinder of the Issue, which takes place within a month of the acceptance of the case and the actual processing of the case. When the processing of the case begins, much depends on the cooperation of the parties, the availability of witnesses, and the complexity of the grounds. Normally within year, the First Instance Tribunal will arrive at its decision. Your patience is both necessary and appreciated. Canon Law requires that cases be processed according to the order in which they are received. Exceptions to this rule are extremely rare. However, if there is some extraordinary reason for a case to be given special priority (for example, danger of death), this can be discussed at the time of the presentation of the petition, submitting any relevant documentation.
Q2. If I apply for an a declaration of nullity, does my former spouse have to be notified?
A2. YES. Since the Tribunal's task is to determine the true facts of a marriage breakdown both parties of the marriage (petitioner and respondent) must, in justice, be given the same opportunity to relate his/her experiences and views. Each party is interviewed separately and privately. YOU WILL NOT BE REQUIRED TO HAVE ANY DIRECT CONTACT WITH YOUR FORMER SPOUSE except for the Session for the Joinder of the Issue where normally both of you have to agree on the Grounds on which your case will be presented. This first stage is called “Concordance” or Joinder of the Issue. In exceptional cases, such as if the other spouse is abroad, the formulation of the Doubt can be determined also by using the postal services.
Q3. Will everything I tell the Tribunal be kept secret?
A3. DEFINITELY YES. All Tribunal personnel (secretaries, interviewers, judges) have taken an oath to observe secrecy. Neither your witnesses, nor your family members, nor your parish priest, will be given access to your confidential file. This is a matter for only the parties (petitioner and respondent) concerned. When the Acts of the case are published only the parties, and their respective Advocates are given access to the files and this right may or may not be exercised by the parties..
Q4. Does a declaration of nullity mean my children are illegitimate?
A4. ABSOLUTELY NOT. The canon law of the Church expressly states that: "Children conceived or born of a valid or putative [i.e. at first considered valid and later declared null] marriage are legitimate" (Can. 1137). Since virtually all marriages are entered into with good faith on the part of one of the parties at least, we can say with all confidence that the status of children is not affected by the granting of a Declaration of Nullity.
Q5. Do I have to be legally separated before I can apply for a declaration of nullity?
A5. No. The Tribunal must, however, be assured that there is no possibility of reconciliation between you and your spouse. You must provide the Tribunal with proof that legal proceedings for a legal separation have been introduced.
Q6. How much does it cost to get a declaration of nullity?
A6. Even though the work of the tribunal is one of the many services provided by the Catholic Church, it is considered right and fair that those who apply for a declaration of nullity be asked to help defray the expenses involved in processing a case. Receipts will be issued. A person whose marriage has broken down has the right to present his/her marriage case. It is our policy that no one will be denied the services of the Marriage Tribunal because of an inability to pay. A person who has difficulty to pay the expenses involved is to present a certificate from his/her parish priest together with a document proving his/her financial situation, e.g. a declaration from the Social Services that he/she is receiving State help.
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WHERE DO I BEGIN?
The Diocese offers the services of a priest with whom you can discuss your case and see whether you have any legal grounds for a declaration of nullity. This priest can be contacted at the same premises of the Tribunal. If such grounds exist, the same priest will help you prepare a petition (which is a formal request for a declaration of nullity), which you will sign and present to the Chancery of the Tribunal. Remember that the fact that a petition has been presented, and this on the advice of a priest or Lawyer, is no guarantee that a declaration of nullity will be granted. Only a full process will decide the issue
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WHAT ARE THE STEPS INVOLVED?
- Once you, the petitioner, present a petition in the Chancery of the Tribunal, and this is accepted as containing sufficient elements to start a case, your spouse (Respondent) will be informed of the Peititon, supplied with a copy of it, and summoned for the Joinder of the issue.
- What if respondent refuses to participate? While the Tribunal has a strict obligation to contact your former spouse, it also has a responsibility to proceed with a case, even without the participation or approval of the other party. The respondent may also name witnesses.
- On the established date, the Judicial Vicar will decide on the grounds on which the alleged nullity will be examined. This is known as the session for the Joinder of the Issue. Both parties have right to be present, assisted also by their respective Advocates. The grounds will be decided upon in the light of what the petition contains as well as in the light of what your spouse will have to say.
- Both you and your spouse will be formally interviewed under oath. Again your respective Advocates can be present for all interviews. They too can propose questions which they deem important to clarify the case.
- Then follows the interviewing of witnesses; again in the presence of the Advocates, if they so wish.
- It may be the case where the Tribunal, in line with canon law, feels the need to appoint an Expert to interview the party/parties and after also examining all the Acts of the case, present a report wherein he/she replies to specific questions set by the Instructing Judge.
- All the material [known as the Acts] will be typed. Both parties and their Advocates, as well as the Defender of the Bond, are given enough time to examine all the Acts. The role of the Defender of the Bond is to defend the bond of marriage by raising any reasonable objections to the granting of a Declaration of Nullity
- The conclusion of the case is the next step, after which no new proofs can be submitted. Once again, the parties and Defender of the Bond are given sufficient time to present their respective comments.
- The case is then studied by the three judges separately, who then convene to discuss and decide about the case in conformity with the laws of the Catholic Church. If they are morally certain that there is sufficient proof in favour of invalidity, they would declare that the marriage is null. If on the contrary, they cannot attain moral certainty about the alleged nullity, they would state that the alleged nullity has not been proved.
- You and the respondent are notified by mail of this decision. If you wish, you may appeal this decision, by a formal objection, within a specific time.
- Each and every marriage case whose nullity has been declared in First Instance, whether or not one of the parties formally objects to the first decision, is forwarded to the Tribunal of Second Instance. This Tribunal reviews the case, and either confirms or overturns the first tribunal’s decision. In the case of a Negative decision, upholding the validity of the marriage, it is up to one or other of the parties to present an appeal.
- Both parties are notified, again by mail, of the decision of the Tribunal of Second Instance. If the first decision is confirmed, the process is complete, and a decree of executivity is issued.
- In line with the Church-State Agreement on the Recognition of Civil Effects of Marriage and Declarations of Nullity Delivered by Ecclesiastical Tribunals, the parties may then register the Tribunal’s decision which has become executive in the Court of Appeal of the Civil Courts. Such a decision will then have effect as if it were a decision by a Court.
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