Diocese Of Reno

SOME INFORMATION CONCERNING A DECLARATION OF NULLITY

WHAT IS A MARRIAGE?

The Catholic Church teaches that marriage is, by God's plan, an enduring and exclusive partnership between a man and a woman for giving and receiving of love and for the procreation and education of children.

For those who have been baptized, a valid marriage is also a sacrament.

The Catholic church also teaches that every sacramental marriage that has been consummated is indissoluble. This is in accord with the Gospels, the writings of St. Paul and centuries of Christian tradition.

Although not every marriage is a sacrament, every marriage, or at least every initial marriage, including a marriage between two non-Catholics, is presumed to be valid.

HOW, THEN IS A DECLARATION OF NULLITY POSSIBLE?

In every presumption the opposite may be true. If the evidence shows that a particular marriage is invalid (i.e., that from the beginning it suffered from a radical defect), the original presumption no longer holds. It bears repeating that, in order to render a marriage invalid, the radical defect must be present from the beginning, that is, at the time of the wedding ceremony. No defect that might arise during the marriage would have the power of turning a valid marriage into an invalid one. When, however, it can be proved that a particular marriage was, in fact, never valid in the first place, then the Church may declare it null.

It is important to understand the meaning of a Declaration of Nullity. It does not deny that a real relationship existed, nor does it imply that the relationship was entered into with ill will or moral fault. Rather, it is a statement by the Church that the relationship fell short of at least one of the elements considered essential for a binding, lifelong union.

ARE THERE ANY CIVIL EFFECTS TO A CHURCH DECLARATION OF NULLITY?

There are absolutely no civil effects to a declaration of nullity in the United States. It does not affect in any manner the legitimacy of children, property rights, inheritance rights, names, etc. (Cn.1061) It is simply a declaration from the Catholic Church that a particular union, presumably begun in good faith and thought by all to be a marriage, was, in fact, an invalid union as the Church defines marriage. There is no attempt in this study or hearing to impute guilt or to punish persons. On the contrary, the purpose of the procedure is to serve one's conscience and spirit.

WHAT IS THE PURPOSE OF THE TRIBUNAL?

Church law calls for the existence of a tribunal in every diocese of the world. The Tribunal of the Diocese of Reno has a staff of trained priests, religious and lay persons, who offer assistance to those who request that the Church study a marriage in order to determine whether or not there is any possibility of a Declaration of Nullity. The Tribunal then investigates the marriage and on completion of the investigation, declares whether or not nullity has been proved.

HOW DOES ONE REQUEST A DECLARATION?

The process is begun by a person writing a case history of the marriage in question according to the outline provided by this Tribunal. This outline is available from a parish priest or from the Tribunal. It asks for information concerning the background of each party and for details about the courtship and married life.

After the marriage case history has been received at the Tribunal it is reviewed by one of the members of the staff. If there is no indication of nullity in the case history, the Petitioner is so advised. If, on the other hand, the case history gives some indication that the marriage was possibly null, the receipt of the case history is acknowledged, a petition is signed, and the former spouses and witnesses are contacted.

WHAT ABOUT THE FORMER SPOUSE?

Shortly after the petition is accepted, the former spouse, often referred to as the Respondent, is contacted by the Tribunal and invited to participate in the process. This is required by the universal law of the Catholic Church. In some cases, no decision can be given without the Tribunal hearing from the Respondent; in other cases, where there is sufficient evidence to make the facts of the case clear, a decision may be given even though the Respondent has not participated in the process.

It is important, therefore, for the Tribunal to have an accurate, current address of the Respondent. If this is not available, then the Tribunal must have the last known address together with the address of a family member through whom the Respondent may be contacted. Please note that it will not be necessary for the Petitioner to contact the Respondent. The Tribunal will contact the Respondent, and the testimony of the Petitioner and the Respondent will be obtained separately. It has been the experience of the Tribunal that in the majority of cases the Respondent is willing to offer testimony

WHAT ABOUT WITNESSES?

One of the items to be completed on the marital history is the names of witnesses, people knowledgeable about the husband and wife and how the marriage went. Key witnesses are those who knew both parties prior to and during the marriage. Shortly after the petition is accepted, these witnesses are contacted by mail with the request that they write down what they know about the marriage and send their affidavits to the Tribunal.

WHAT ABOUT CONFIDENTIALITY?

In view of the nature of the information, requests for confidentiality are usually granted. Also for the sake of confidentiality, no information concerning a specific case will be given via telephone.

WHAT ABOUT RECORDS?

The Petitioner will supply the Tribunal with records of the baptisms of both spouses (or of the Catholic spouse where only one is Catholic) and of the marriage and divorce. Prior to the final decree of civil divorce, no petition for a Church declaration will be considered by the Tribunal.

WHAT DOES THE TRIBUNAL DO TO REACH A DECISION?

After the information is received from the Petitioner, Respondent and witnesses, the Judge reviews it. If it is sufficient he proceeds to the conclusion of the case. Another individual, called an Advocate, is asked to speak/write in favor of a declaration of nullity. A third individual, called the Defender of the Bond, points out the elements that favor the validity of the marriage. Soon after the Advocate and the Defender of the Bond fulfill their roles, the Judge renders the decision.

IS THE TRIBUNAL'S DECISION FINAL?

No. Church law requires an automatic appeal process.

If the decision is affirmative, that is, that the marriage was, in fact, proved to be null, it must be appealed to the Court of Second Instance of the Tribunal of the Diocese of Stockton, California, for a second decision. It cannot be considered final until a second affirmative decision is issued. If there is some objection to the first affirmative decision, the Defender of the Bond or the Respondent may file a personal appeal. This must be done in writing within three weeks of notification of the first decision. When the work of the Court of Appeals is finished, the parties are notified of the final decision.

Should the Court of Appeals reverse a decision in a given case, the Court of Third Instance would be the Roman Rota.

IS REMARRIAGE IN THE CATHOLIC CHURCH ALLOWED?

If the marriage is declared null and there are no restrictions concerning remarriage, the usual procedure of preparing for marriage in the Catholic Church may be started with the local parish priest.

If a marriage is declared null due to a possibly ongoing cause, a second marriage obviously cannot be permitted until it has been demonstrated that the cause which invalidated the first marriage has been removed.

No new marriage may be scheduled in any Catholic parish until the annulment procedure has been completed.

IS THERE A FEE FOR THE TRIBUNAL SERVICES?

Ordinarily a filing fee of $100.00 is required when the marital history form is presented to the Tribunal. When a case is completed, the one requesting the services of the Tribunal is billed for $400.00. If it is necessary to seek external professional assistance, the party seeking the annulment will be contacted for approval of the extra expense.

Please note, however, that if for any reason one cannot afford to pay all or part of the fee, a simple explanation to the Tribunal will insure that the case will be processed free of charge. At no time should financial considerations discourage any person exercising the right to receive a just hearing from the Tribunal. One's ability or inability to pay a fee in no way affects the progress or outcome of a request.

(The Diocese of Reno gratefully acknowledges the permission of the Canon Law Society of America to use and customize this document as it originally appeared in the work Procedures by Fr. Lawrence Wrenn)