Christ teaches that God wills the union of man and woman in marriage to be lifelong, a sharing of life for the length of life itself... (Mark 10).

The Church looks for a translation of the vows into a lived human reality. In other words, a wedding always has the potential of becoming a marriage. A coming together of emotions, ideals, faith, body and soul must take place to some minimal degree over the years to be reflective of the Biblical imperatives which pose a kind of marriage which is both human and supernatural.

What is the function of the tribunal in marriage cases?

After the preliminary investigation, it is the task of the Tribunal to determine whether or not there exist sufficient invalidating grounds, both in ecclesiastical laws and in fact, that render the given marital consent defective. The Church’s declaration of nullity of a particular marriage depends on whether these invalidating grounds have been sufficiently established or not.

Who are the people who staff a tribunal?

There are priests, religious and lay people who are specifically trained for this particular work. They are people who are very aware of the pastoral significance of the service they offer and are always under oath of professional secrecy.

What is a declaration of nullity?

A declaration of nullity is a declaration by a competent Tribunal of the church that the "marriage" never validly existed in the eyes of the Church. The declaration is a formal recognition that an element essential to marriage was missing, and, therefore, the union, as a canonical Church marriage, never existed.

Is there a difference between a divorce and a declaration of nullity?

A declaration of nullity differs from a divorce in that a divorce purports to break the bond of marriage, whereas a declaration of nullity is a declaration by the Church that a true and valid sacramental bond never existed.

Yes. In the mind of the Church, you are still considered to be married to your first spouse. The Church does not accept the civil courts as capable of dissolving the bond of marriage. The Church does not impose penalties on those who seek a civil divorce. A civil divorce, although it does provide freedom to remarry outside of the Church, is not recognized by the Catholic Church as providing freedom to marry in the Church. Before you could marry in the Catholic Church after obtaining a legal divorce, you would have to have been successful in obtaining a declaration of nullity, which declares that your previous union was not a valid, canonical marriage.

If I choose not to have my first marriage examined for possible causes of nullity in a Catholic Church Tribunal, does this affect my request for remarriage in the Catholic Church?

DEFINITELY NOT. You are still warmly invited to attend Mass and to participate in the life of the Church to the extent possible. However, there are serious limitations to this participation, especially in the areas of reception of the Sacraments, liturgical and catechetical ministry, but there are ways of taking part in the Church’s life and you would be encouraged to do this.

If I do not think I have a strong case or if the majority of the fault of the marriage breakdown was mine, should I still request the Tribunal to examine my first marriage?

It is difficult for an individual to decide on his/her own whether there are grounds for a declaration of nullity. That is where the expertise of the Tribunal staff is very valuable. It is wise to let them help you with your petition. It is not the purpose of the Tribunal process to place blame on one spouse or the other. It is their mandate to receive all petitions and thoroughly search for the "grounds" for a declaration of nullity, if these exist.

My first marriage lasted for many years and we had several children. How can this marriage now be declared null by the Church?

The duration of a marriage and the number of children makes absolutely no difference to the validity or non-validity of a marriage.

What is the financial cost for the declaration of nullity procedure?

Each diocese determines the cost factor for processing a declaration of nullity. The majority of the financial base for a Tribunal comes from the general diocesan funds. However, it is deemed to be fair and right that those persons benefiting directly from this service should be asked to make a contribution, always in keeping with their financial ability, toward the defrayment of the necessary expenditures. The amount to be paid is usually discussed on a one-to-one basis with the petitioner. One’s ability or inability to make a contribution has absolutely no bearing upon the person’s right to receive a just adjudication of their petition.

If I petition the Tribunal for a declaration of nullity, must my spouse be notified and can his/her response to the notification have any affect on my declaration of nullity?

If the whereabouts of your spouse is known, then the Tribunal must, in justice, notify your spouse to inform him/her about the petition and to give an opportunity to exercise one’s right to be interviewed. The response to the notification or a complete disregard for the notice does not affect the processing of your declaration of nullity case.

If my petition for a declaration of nullity is successful does that mean that my former spouse is granted one also?