Annulment Information

This is addressed to divorced Catholics, to those who have remarried after divorce, and to their families who love and support them. This information also will assist Church members, both professional and volunteer, who serve in ministerial roles.

Our purpose is threefold:

The Church's teaching

Being Catholic and divorced is a painful thing. Not only has the person lost a partner and one's marriage but may well also experience feelings of rejection, guilt and failure in the face of Church teachings.

The sanctity and permanence of marriage has been a constant teaching of the Catholic Church throughout the centuries. When Jesus spoke of marriage and divorce, He reminded His listeners that the Creator had determined from the beginning that marriage is a commitment made between the partners until death. Jesus' words are the foundation of this teaching. Asked if divorce is permissible, He shocked His listeners with His response: "Whatever God hath joined together, let no man put asunder." Jesus called His disciples to commit themselves to following this truth.

In Catholic belief, every valid marriage, whether celebrated in the Catholic Church or not, establishes a spiritual bond which cannot be broken by the couple. All other links or bonds (such as civil obligations, affection, etc.) may end with divorce, but the spiritual bond remains. Thus, when a couple marries validly, we say that this union is "indissoluble."

The Church has consistently taught that marriage is sacred, exclusive and permanent. For a baptized man and a baptized woman, a valid marriage is also a sacrament. Such a marriage is permanently binding and cannot be dissolved. Catholic belief is that every valid marriage, whether or not celebrated in the Catholic Church, establishes an unbreakable spiritual bond between the couple. This spiritual bond remains, even if the civil obligations and cohabitation end with divorce.

No. The Church teaches that marriage also involves God and the community. It isn't just the "Bride's Day," it's the Church's day as well. The Church rejoices with the couple as they commit themselves to be a sign of God's love in the community. A wedding is not a private ceremony, because it is a ceremony for the entire community. It takes place in the Church where the community gathers to worship together.

Couples are asked to reflect seriously upon the meaning of their commitment. Marriage really involves four commitments:

The community takes on a responsibility to support and sustain couples that have committed themselves to being a sign of God's love in the community.

Marriage is permanent because God's love is permanent. God's love is never taken back. A couple should reflect seriously upon the meaning of their commitment, and take on those responsibilities only if they are prepared to do so and intend to do so; "Whatever God hath joined together, let no man put asunder."

The Church recognizes the State's authority over the civil effects of marriage: The need to protect one's civil rights, and the need to adequately provide for children in a legal forum.

The Church does not recognize any authority on the part of the State over the Sacramental Bond of Matrimony. One must have obtained a civil divorce prior to applying for an ecclesiastical marriage case.

Those who divorce are still considered members of the Church in good standing. Divorced persons (as long as they have not remarried) can still receive the Eucharist and the other sacraments. Moreover, Pope John Paul II has urged all the faithful to help those who have divorced so that they do not consider themselves separated in any way from the Christian community.

A divorced Catholic who marries outside the Church is still considered a member of the Catholic Church; there is no excommunication for such an action. However, the universal law of the Church is that a Catholic who marries outside the Church may not receive the sacraments of Eucharist and Reconciliation. This is for two reasons: First, according to Church law, Catholics must marry before a priest and two witnesses in order for the marriage to be recognized by the Catholic Church. Second, but more importantly, the Church teaches that marriage is a sign of the unbreakable bond of love between Christ and His Church. By establishing a new union, the person is living in a way that contradicts the Church's teaching about the sacramentality of marriage.

The same answer would apply. The Catholic party is not excommunicated, but the universal law of the Church is that the person cannot receive the sacraments of Eucharist and Reconciliation.

No. Excommunication means that the person cannot participate at all in the life of the Church. Divorced people who have remarried outside the Church must still be ministered to. Pope John Paul II specifically states that they must be encouraged to take part in the Church's life as much as they are able, even if they cannot receive Eucharist or Reconciliation.

There are two principal ways that a person may remarry in the Catholic Church: if the previous marriage is dissolved, or if it is declared null from the beginning.

Marriages in which at least one of the parties was unbaptized during the entire course of the marriage can be dissolved through either the Pauline Privilege or the Privilege of the Faith. While the marriages of the unbaptized are considered valid marriages by the Catholic Church (since both parties gave their consent to be married), the marriages are also considered to be non-sacramental, since both parties must be baptized Christians in order for the marriage to be considered a sacrament.

A declaration of nullity (which is the more precise name for what most people call an "annulment") means that something essential to the marriage was lacking at the time the parties exchanged consent. Thus, while the parties believed they were giving valid consent to their marriage, something was missing which prevented a true marriage bond from being formed.

For the members of the Catholic Church it could be that the proper manner of celebrating the marriage was missing; in other words, the parties did not marry according to their own Church laws. In other situations, it could be that the parties' consent itself was lacking in some way. This means that one or both parties might not have had the necessary maturity or the psychological capacity for marriage. In still other situations, it could be that an essential element of marriage was lacking in the person's consent. That is, at the time of the marriage, the person did not intend permanence, fidelity, or children as part of their marital commitment. Finally, it could be that a person's understanding of marriage itself or of the person they were marrying was lacking, such that they truly did not have the sufficient knowledge about what they were doing. These are all called "grounds" for the case.

In the Diocese of Lafayette, the process begins at the parish level. As the process develops, the person applying for a declaration of nullity (the petitioner) will be asked to submit written testimony regarding the relationship in question and the family backgrounds of each party. The petitioner also will be asked to supply the names of others who would be willing to answer a written questionnaire concerning their knowledge of the marriage in question. The Tribunal also may request any medical or psychological records that might be pertinent to the case.

Yes. There are no exceptions to this, unless the whereabouts of the other party are unknown. Since a declaration of nullity affects a person's status in the Church, the other party has a right to know about the proceedings and to participate in them.

No. The Tribunal must inform the other party of his or her right to participate. This includes the right to submit testimony, the right to name witnesses, and the right to be represented by an advocate. Moreover, both parties have a right to review the material in the case and to read the decision once it is reached. Furthermore, both parties have the right to participate in the Appeals or at the Roma Rota. However, the Tribunal cannot force a person to exercise his or her rights; the exercise of rights in the Church is up to the individual.

No. The marriage existed in a certain way. A declaration of nullity means that what did exist between the parties was not what the Church means when it speaks of marriage. That is, the relationship that existed fell short of what the Church teaches marriage must be.

No. Legitimacy is a creation of the law, so people are legitimate if the law says they are legitimate. Church law specifically provides that even if a marriage is declared null, the children born of that marriage are still considered legitimate.

Yes.

No. There is no cost involved on the part of the petitioner in this Diocese.

Yes. The Church teaches that a valid marriage is created by the consent of the two parties. If the parties are baptized Christians, that valid consent is also considered sacramental; that is, it is a sign given to the Christian community of God's faithful, fruitful, enduring love for them. While members of the Catholic Church have certain rules to follow regarding where they marry, the Church recognizes the marriage of all others, regardless of where the parties exchanged their consent.

No, because most of these "annulments" do not state that there was something lacking from the beginning which prevented the parties from establishing what the Church means by marriage.

Contact the Diocesan Tribunal office at (765) 474-6644.

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©2008 Diocese of Lafayette-in-Indiana