Office of the Tribunal

Is there anything more misunderstood by Catholics about something that goes on in their own Church than annulments?

• An annulment is just a “Catholic Divorce.”
• If you have the money or know someone, you can get an annulment.
• Annulments cost about $15,000 and take years.

All of the above statements are false. These and other fictions often cloud Catholics’ understanding of a process that is intended to be one of mercy, reconciliation and new beginnings. An often-quoted principle in the church is that the supreme law is the salvation of souls. This goes for the annulment process as well as all of the church’s laws. It is the holiness of people that is the aim of the annulment process and it is accomplished by allowing people to return to the fullness of a sacramental life in the church.

The marriage of a man and woman is the foundation of the family life. Jesus clearly showed how much marriage is valued in the mind of God by raising marriage to the level, to the dignity, of a sacrament. When a marriage is good and holy it builds upon the grace that is received in the sacrament. Sometimes, however, a marriage which may look for all intents and purposes to be a valid marriage is not. This is what the process of the Tribunal is all about.

Let us take the example of the men and women who, after getting to know one another over the course of years, decide to be engaged and continue to grow in knowledge of one another and in love with one another. They decide to marry totally understanding what Christian marriage is all about, understanding the sacramental nature of what they will be doing, making the right decision regarding the person that they are marrying, and, in a mature way, enter into the married state of life. Their love is fruitful and they begin to raise a good Christian family. This Christian home is a domestic church where the love of Jesus is taught and lived. Such a marriage is valid because all of the conditions which were required for the valid celebration of the sacrament were present. The effects of this are seen in the fruit that the marriage produces. Certainly, such a marriage is permanent. No one can separate what God has joined. In the case of two Christians, it is a “sacramental marriage.”

Sometimes, however, all of the things which necessarily go into making a marriage valid are not present. When this happens, the marriage is invalid or null. It means that even though it may look like it happened, it did not. Something essential to its coming into existence was not there.

When a Catholic who is bound to observe the law of the church regarding marriage does not do so, that marriage is obviously not valid. Here we can envision Catholics in civil marriages, for example. Such marriages can be declared null through evidence presented to the Tribunal by documents: baptismal certificates proving the party was Catholic at the time of the marriage and a marriage certificate proving that the marriage was not a Catholic ceremony.

In cases where a ceremony took place in a Catholic Church, however, the possible invalidity is not obvious and there must be an investigation and process. A person asks the Tribunal to investigate a marriage to see whether or not nullity can be declared. Any person has a right to petition a Church court to examine his or her marriage if that person suspects it may be invalid. A marriage is presumed to be valid unless it is proven otherwise.

A declaration that a marriage was invalid is not automatic. No one “applies” for an annulment and no one pays for an annulment. The process can take some time because the Tribunal must be certain that there was something which invalidated the marriage from the beginning.

It does not matter how long a couple might be together or even if they were in love for a while because the examination is to determine whether the consent (the vows), through which a marriage comes into being, is valid or not. An annulment is not a declaration of the invalidity of a relationship; it’s the declaration of the invalidity of consent.

This is why it does not affect any children the couple may have had. The relationship between the parents was there and the civil marriage (which ended by civil divorce which the Church cannot recognize) was there. Children born within the context of civil marriage are considered “legitimate” by civil standards. This is an important point since many people misunderstand this fact. A declaration of nullity has no effect on the status of children at all.

Is the process painful? Are old wounds reopened? Perhaps, they are. It would be dishonest to say that the process is not difficult. It takes some work and can be emotionally trying. The end result, however, is a new start. Since an annulment is a declaration that there was no marriage to begin with (remember, we are not speaking about relationships), the persons are free to begin again.

During the process caring people in the Tribunal assist you, walking you through the difficult parts. The Tribunal’s personnel understand their work to be ministry, a ministry of healing and reconciliation and a work of mercy.

So often our suffering and difficulties lead us to greater strength and trust in the Lord. The process described here is a way to do that. By allowing the Lord into the process and by asking Him to walk with us through the difficult parts, people can emerge with a renewed sense of communion with the community of the Church.

Very Rev. Francis K. Asagba, D.Min, J.C.L.
Judicial Vicar