The Catholic Church assumes that every marriage is valid, until proven otherwise. The Church has established a Tribunal in each diocese to set procedures for identifying and rendering a decision regarding a decree of nullity, which is commonly referred to as an annulment. A decree of nullity is a canonical decree that declares that no marriage, as recognized by the Catholic Church, has taken place. This is often confused with a divorce, which is a civil decree ending a legal bond or marriage. An annulment declares that there was a defect in consent which caused the marriage to be invalid from the start. A divorce proceeding focuses on the condition of the couple after the marriage ceremony. An annulment proceeding will focus on the condition of the couple before, during, and immediately following the marriage ceremony itself. An annulment does not deny the common life experience lived between the spouses, but solely focuses on the moment when consent is exchanged.
A Tribunal process may look and feel a lot like a civil court-room procedure that goes before a judge. However, a Tribunal process is sacramental and spiritual in nature and always retains this sacred character. This means that all Tribunal processes prioritize the spiritual aspects and continued path to growing in holiness of all parties. Also, a Tribunal process is not a criminal or legal proceeding, so it does not investigate crimes or punishments against one individual or another. A Tribunal proceeding is not a civil matter and has no civil standing.
A marriage is proven to be invalid from the start based upon solid evidence. This evidence usually includes the testimony of the spouses, witnesses, and perhaps expert evaluations. It is important to realize that in order to prove a defect in consent existed which caused the marriage to be invalid from the start, sufficient evidence must be provided that can overturn the Church’s presumption of a valid marriage.
The needs of each Tribunal process are unique to your situation. Due to the personal nature of each petition for an annulment, there is no guaranteed timeline. In the Diocese of Fort Wayne- South Bend, there is no cost to file for an annulment. It is possible that the Tribunal will request that you undergo medical or counseling services as a part of the Tribunal process. You would be responsible for those costs, which are determined on a case-by-case basis.
To begin filing for an annulment, contact your parish priest. The process begins at the parish level by gathering together several documents, including Baptismal certificates (if applicable), marriage license, divorce decree, and a petition that formally requests the beginning of the annulment process. Your parish priest will help guide you through this process and assist you along the way.
The Church's teaching on marriage and how we live it in our vocation is held with the utmost sanctity and reverence, as we follow the Lord's call.
Please visit the Tribunal of the Diocese of Fort Wayne-South Bend for information regarding annulments - click here.