The basic teaching of the Catholic Church on marriage: When a baptized man and a baptized woman, who are free to mary, exchange their marriage vows before an authorized priest or deacon and two witnesses, and then consummates their union, thier marriage is a true sacramental marriage. This sacramental bond of marriage is unbreakable; it cannot be dissolved by any power on earth.

To enter such a marriage, however, the man and woman must be able and willing to give their free and informed consent. The Code of Canon Law emphasizes the importance of this consent: "Matrimonial consent is an act of the will by which a man and a woman by an irrevocable covenant mutually give and accept one another for the purpose of establishing a marriage" (Canon 1057).

An annulment is a declaration by the Church that, although there was a legal marriage in accord with state law, there was never a valid sacramental marriage in this particular case. The Church arrives at this decision only after careful and objective investigation of the marriage by the Marriage Tribunal.

This investigation seeks to discover whether an essential ingredient for a valid sacramental marriage was lacking in this case and, if so, whether there is solid evidence to prove this. For example, true freedom is an essential ingredient for matrimonial consent. If a person was to marry because of grave fear of force, the marriage would not be valid. Or perhaps one party entered the marriage suffering from a serious mental illness or grave lack of discretionary judgment concerning the essentials of marriage (Canon 1095). In all these examples, an essential ingredient of marriage is lacking and an annulment is a possibility.

Why is an annulment needed for the marriage of those not Catholic?

If the church, in fact, does not recognize marriages performed outside the church, why is it necessary to have a marriage annulled whcih, in the eyes of the church, was never performed in the first place?

It is true that every baptized Catholic who has not formally rejected the Catholic faith must be married before a priest (or bishop or deacon) to be truly married according to the laws of the Catholic Church.

That rule does not apply to those who are members of another faith, or who have no religion at all.

If neither marriage partner is Catholic and both are free to marry (if neither has a previous marriage, for example), the Catholic Church recognizes this union as a true, valid marriage.

The church honors every marriage, Catholic or not, as a sacred union that cannot be simply brushed off.

Thus, any previous marriage by one of the partners planning a wedding must be dealt with in an appropriate way by the church before the forthcoming marriage could take place.

What is a marriage?

Marriage is a permanent partnership of love between a man and a woman in which "the two become one flesh." God originated marriage as the basic way of giving and receiving love and continuing the human race.

Is Marriage a Sacrament?

Yes, for those who have been baptized, a marriage is, at the same time, the Sacrament of Matrimony.

Can Non-Catholics receive the Sacramentof Matrimony too?

Yes, any two people who are validly baptized, give the Sacrament of Matrimony to each other through the exchange of their mutual consent.

Doesn't a priest have to be present?

No. The requirement for a priest or deacon to witness a marriage is necessary only for Catholics. You must remember that the couple give the sacrament to each other. The priest or deacon acts only as the official witness for the Church.

What about marriages involving one or both who are not baptized?

These marriages, although not sacramental, are presumed to be good and valid relationships by the Catholic Church. The good of all concerned demands this presumption.

Isn't marriage forever?

The Catholic Church believes that every valid, sacramental and consummated marriage is indissoluble. This is God's law as found in the Scriptures, as well as two thousand years of Christian tradition.

How, then, is an annulment possible?

An annulment is a declaration by a Church Tribunal, after long and serious study, that at least one of the elements seen as essential for a binding marriage was not present in a particular releationship. An annulment implies no moral judgment one way or another about either of the parties.

What is a Tribunal?

A Tribunal is a group of priests, religious and lay persons who are appointed by the Bishop of the Diocese after special education and preparation. The day-to-day work of the Tribunal is supervised by a priest who is called the "Officialis" or "Judicial Vicar."

What is the purpose of the Tribunal?

The purpose of the Tribunal is to assist people who request the Church to study their marriage in order to determine whether or not there is any possibility of an annulment. After interviews with witnesses and careful study, the Tribunal issues a decision whether sufficient proof exists to declare the marriage invalid.

What are the steps involved in the procedure?

Generally speaking, a person contacts a parish priest, or another designated pastoral minister, who helps determine if there is a possible case. The priest then submits a preliminary summary of the case tot eh Marriage Tribunal. If the case seems initially viable, then the Tribunal usually contacts the Petitioner in order to initiate the process.

Are witnesses required?

Marriage is never a totally private relationship. It has profound effects on the family, society and the Church. Witnesses are, therefore, required by Church Law, to assist the Tribunal toward a deeper understanding of the parties to the marriage and the reasons for its failure.

Can anyone be a witness?

Witnesses should be chosen on the basis of their objective knowledge about either or both of the spouses, or the former marriage. This could include the parents, family, friends, or counselors.

Must the other spouse be contacted by the Tribunal?

Yes. As a matter of justice and to assist the Tribunal in gaining a completely objective perspective, the former spouse must be contacted by the Tribunal.

What if the whereabouts of the former spouse are unknown?

The Tribunal will make every effort to discover the present whereabouts of the other spouse. However, if he or she cannot be contacted, then the Tribunal will proceed with the process.

What if the former spouse refuses to cooperate?

Because the annulment procedure affects both parties, the former spouse must be informed of the process and invited to participate. If he or she does not wish to cooperate, the Tribunal proceeds toward making a decision on the basis of the information available.

Why should the former spouse cooperate?

First of all, the Tribunal wants to obtain a clear and objective picture of what happened in the marriage. The cooperation of both spouses would, obviously, help in this endeavor. Secondly, the process is potentially beneficial to both parties, and so it is to their advantage to cooperate fully and honestly.

Who makes the final decision?

The Law of the Church requires that three Judges be assigned to each case to make the final decision. However, in some circumstances, due to a lack of personnel, only one Judge may be assigned.

What happens if an annulment is granted?

Church Law requires that every affirmative decision be reviewed by a second panel of Judges. In most cases, this panel simply reviews the process used by the First Instance Tribunal to verify that the proper procedure and law were followed and the decision was correctly rendered.

Is an annulment always granted?

No. But many of those who present petitions to the Tribunal receive annulments.

Why would an annulment not be granted?

In those cases when an annulment is not granted it is usually because there are no apparent grounds for invalidity as understood by the Church.

How long does the process take?

It is impossible to precisely predict the length of time because of a number of variable factors. No two cases are the same. In many dioceses, under ideal circumstances, a case takes about a year. However, this is not a guarantee. No plans for future marriage in the Church should be made until an affirmative decision is communicated by the Tribunal.

Does an annulment have any civil effects?

No. All of the civil effectsof the divorce should have been settled in the civil courts; therefore, the Church annulment has no effect on child support, alimony, et cetera.

Does an annulment effect the legitimacy of any children?

The Church considers children to be a gift from God; therefore, the law of the Church states that children born of a marriage that is later declared to be invalid are legitimate.

If an annulment is granted, does that mean both parties can remarry?

In most cases, yes. However, in some cases there may be conditions which either or both parties must fulfill before a Church marriage can take place.

Why would conditions to remarriage be attached?

The Church wants to be certain that the same factors which caused the invalidity of the previous marriage are no longer present.

In some cases, the Tribunal might require some professional counseling or evaluation by a priest or couselor to verify that both parties have the proper intentions and are capable of assuming the obligations and responsibilities of marriage.

Is there a fee for Tribunal services?

Yes, there is a fee for Tribunal services. This fee is requested solely of the petitioning party. It is only fair that those who request the services of the Tribunal assist in bearing this financial burden. In most cases, the fee does not cover all the expenses involved in the processing of the case. The remainder of the expenses are usually subsidized from other diocesan funds.

It should be noted, however, that if a person has serious financial difficulties and is unable to afford to pay any part of this fee, a simple explanation to the Tribunal will insure that the case will be processed free of charge. At no time should financial consideration discourage or stop any person from introducing a case. One's ability or inability to pay in no way affects the progress or the outcome of the request.

Is a divorced person excommunicated from the Church?

No. A Catholic is not excommunicated when he or she is divorced. A divorced person is fully and completely a member of the Church.

Can a divorced person receive Communion?

Yes. There is nothing in itself that prevents a divorced Catholic from receiving the Eucharist and the Sacrament of Reconciliation.

Does that mean a divorced and remarried Catholic can received Communion, too?

No. Although not excommunicated, a Catholic who remarries without an annulment may not receive Communion.

Why should a person go through the annulment process?

There are many reasons. First of all, every Catholic has a right to know their canonical status in the Church. Secondly, the process can be a profoundly healing experience-- healing within one's self, with the Church, with significant others in one's life and above all with the Lord.

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