Diocese of Thunder Bay - Marriage Tribunal

Marriage Tribunal

The Tribunal is that branch within the diocesan church which handles juridical matters, specifically, those areas of church life and mission which apply to the Church's body of legislation, Canon law.

A separation in marriage is unique among life's experiences. There is no precedent that can prepare an individual for its trauma. It is important to recognize that separation is a process not an event. Legal divorce can be pinpointed to a moment in time, to the signing of a court decision. But the experience that preceded it is the result of a series of situations that eventually erode a given marriage relationship.

The ending of any marriage that has endured long enough for the spouses to invest their lives, emotions and dreams is always a critical experience. The necessary adjustment that follows is long and difficult.

An Opportunity for Healing

Frequently Asked Questions

WHAT IS MARRIAGE?

The Catholic Church teaches us that marriage is an intimate, exclusive and permanent partnership of a man and a woman which exists for the good of the spouses and the procreation and education of children. The Catholic Church cannot ignore the reality of separation and divorce in our society. The Church must reach out to those who are struggling with the pain of a broken marriage.
WHAT IS A DECLARATION OF NULLITY?

A Declaration of Nullity, also called an annulment, is a declaration issued by the Catholic Church, through its Marriage Tribunal, that a given marriage is invalid (not binding) because some essential element of marriage was lacking at the time of the exchange of consent.

Annulments ARE NOT Catholic divorces. A Catholic Declaration of Nullity states that, in the eyes of the Church, there was never a bond established. Since the Catholic Church recognizes all marriages (of Catholics and of others) with few exceptions, the Church’s nullity process is a way of helping persons come to peace in themselves, and with the community of the Church, after a marriage has broken down.
IF I RECEIVE A DECLARATION OF NULLITY, DOES THAT MEAN MY CHILDREN ARE ILLEGITIMATE?

DEFINITELY NOT. The Declaration of Nullity does not affect in any manner the legitimacy of children, names, property, maintenance payments, inheritance rights or other matters dealt with in the civil courts.
CAN A DIVORCED CATHOLIC RECEIVE COMMUNION?

Divorced Catholics lose none of their rights in the Church, except the right to enter a new marriage, until the Church declares them free to marry. All Catholics, divorced Catholics included, are free to receive the sacraments, provided they are not in a state of serious sin (i.e. have not remarried “outside the Church” or are not cohabitating with another partner). If they are in another marital (or cohabitating) union, they are not permitted to receive the sacraments. People in such a situation are encouraged to speak with their pastor.
WHAT IS THE PROCEDURE?

· After submitting a summary of your situation, you will be interviewed, under oath, by a staff member of the Marriage Tribunal.

· Your former spouse will be notified by the Marriage Tribunal and interviewed if they choose to be involved.

· Witnesses will be interviewed.

· Experts may be consulted.

· The gathered testimonies will be reviewed by the Defender of the Bond.

· Three Judges will now study the Acts and give their decision.

· You and your former spouse will be sent notification of this decision.

· The case will be sent to the Canadian Appeal Tribunal in Ottawa for a second reading.

Both you and your former spouse will be notified as soon as the case is returned by the Appeal Tribunal.

DOES MY FORMER SPOUSE HAVE TO BE CONTACTED?

Catholic Church law recognizes the right of the former spouse to be involved in the process. He/She may make a statement regarding the marriage and has the right to introduce any witnesses he/she chooses. The Tribunal will contact the former spouse. You will NOT be required to have any direct contact with your ex-partner.

HOW LONG DOES THE DECLARATION OF NULLITY PROCEDURE TAKE?

Each case is unique with its own degree of difficulty; therefore, some cases do take longer than others. It is not possible to guarantee a specific length of time because of various factors. Please note that a date for remarriage in the Church cannot be set until a Declaration of Nullity has actually been granted and confirmed by the Appeal Tribunal in Ottawa.

WHAT ABOUT REMARRIAGE IN THE CATHOLIC CHURCH?

If the marriage is declared invalid and there are no restrictions concerning remarriage, the usual procedure of preparation for marriage in the Catholic Church may be started with the priest of your parish or the parish of the Catholic person who you intend to marry.

HOW MUCH WILL IT COST?

Please contact the Marriage Tribunal for information on the cost of an annulment.

WHEN SHOULD I CALL?

Please contact us if you have new evidence to support your case or if you have names of additional witnesses. Let us know if you have a change of address and/or phone number.

WHERE DO I BEGIN?

Contact either your parish priest or the Marriage Tribunal at (807) 343-9313 to arrange a preliminary interview, during which a member of the Tribunal staff will explain the process and go over the preliminary forms with you. When you have completed and returned the forms, an appointment for a formal interview will be made. This is when the case is officially begun.

For more information, call (807)343-9313 and ask to speak to a member of the Marriage Tribunal staff.

More Frequently Asked Questions

Diocese of Thunder Bay
Marriage Tribunal
P.O. Box 10400
Thunder Bay ON, P7B 6T8
(807) 343-9313; FAX (807) 346-9741

email: Tribunal@dotb.ca