Why does the Church require a divorced Catholic to obtain a declaration of nullity before re-marrying in the Church?
The Church presumes that marriages are valid and lifelong; therefore, unless the ex-spouse has died, Church law requires the divorced Catholic to obtain a declaration of nullity before re-marrying. The tribunal process seeks to determine if something essential was missing from the couple’s relationship from the moment of consent, that is, the time of the wedding. If so, then the Church can declare that a valid marriage was never actually brought about on the wedding day.
What does the tribunal process involve?
There are many types of cases that may be presented to the tribunal, each reflecting different circumstances of the marriage. Depending on the type of case, the length of time for the tribunal to arrive at a decision varies from as little as two months to as much as 3 years. The information in the next paragraph reflects what is known as a formal case.
Several steps are involved for a formal case. The person who is asking for the declaration of nullity – the petitioner – submits written testimony about the marriage and a list of 3 to 5 witnesses who are familiar with both parties before and at the time of the marriage. These witnesses must be willing to complete a questionnaire about their knowledge of spouses and the marriage. The tribunal will contact the ex-spouse – the respondent – who has a right to be involved. The respondent’s cooperation is welcome but not essential. In some cases the respondent does not wish to become involved; the case can still move forward.
Both the petitioner and the respondent can read the testimony submitted, except that protected by civil law (for example, counseling records). Each party may appoint a Church advocate who could represent the person before the tribunal. A representative for the Church, called the defender of the bond, argues for the validity of the marriage. In the past, after the tribunal has reached a decision, it was automatically reviewed by a second tribunal. For us in the Diocese of Phoenix, this step added 6 to 8 months before a final decision could be made. One change made by Pope Francis that went into effect on December 8th of this year is that the automatic review has been eliminated, thus shortening the process.
Deacon John D’Amico
BACK TO LIST