What is a Declaration of Nullity annulment? Does an annulment have anything to do with civil law? Does an annulment affect the legitimacy of children?
Who can apply for an annulment? How is an annulment process started? Will my former spouse be contacted? What documents are needed? How is a case submitted to the Tribunal?
Out of courtesy inform the respondent to expect a mail from the Tribunal so that he or she are not taken unawares. If the tribunal receives a response back from the respondent, and he or she agrees in writing to the annulment and if either the marriage lasted less than ten years or the canonical ground on which the case is to be tried is among those permitted for use in the fast track, the case will be put on a fast track and the Archbishop of New Orleans will normally be appointed to judge the case.
The Archbishop will be assisted by two case auditors in the Tribunal and a defender of the bond of marriages in the Tribunal. Their names will be communicated to you and the respondent in writing. However, if the respondent writes back to the Tribunal and states that he or she is opposed to the annulment or if the respondent does not reply within the two weeks given to him or her, a judge or a panel of three judges in the Tribunal will be assigned to the case.
A defender of the bond, who is bound by office to propose and explain everything which reasonably can be brought forth against the nullity of the marriage c. The names of the judge s and the defender are also communicated to you in writing.
Also in both the fast track process and the ordinary process, the canonical grounds for the alleged invalidity of the marriage are established. Proofs are gathered from witnesses. Nullity is not proven on the words of the parties alone. In some cases, experts in psychology or other sciences or fields are consulted. Advocates may submit briefs as requested by the judge, and the case is reviewed by the case auditors and by a defender of the bond who offers all reasonable arguments in favor of the legally presumed validity of the marriage.
After weighing the evidence and considering the observations of all concerned, the judge or judges issue a decision in writing setting forth the facts of the case, the law, and the reasons for the decision reached. The decision of the judge s can be reviewed by the parties, if they so desire. If the Archbishop is the judge in the case, the documents and proofs gathered by the Tribunal on behalf of the Archbishop will be sent to him for examination and evaluation.
If he determines that the marriage should be annulled, he then declares it annulled. After he has annulled the marriage, the case is sent back to the Tribunal so that the parties can be informed. There are no more mandatory appeals to an appeal tribunal. If no appeal is lodged, the affirmative decision of the Archbishop or of the Tribunal the stands and the parties are free to enter into new marriages in the Catholic Church.
Each case is unique. It is impossible to predict the exact time it will take to process a case because of a number of variable factors. A case moves along rapidly if all documents are presented as requested and if the information requested from the parties and witnesses are received back in a timely fashion.
On the average, it takes one year to process a formal case from the time the Tribunal receives the petition and the supporting materials to the end of the process. Other kinds of marriage case such as lack of form, prior bond, Pauline privilege, and Petrine privilege take less time than a year to process. Your procurator can assist you in determining the kind of marriage case you may have.
However, the final decision lies with the Tribunal Staff to determine the kind of marriage case you have. With the promulgation of the apostolic letter motu proprio, Mitis Iudex Dominus Iesus, by Pope Francis on September 8, , which pertains to the reform of the process for the declaration of marriage nullity, an abbreviated process or briefer process for the declaration of marriage nullity for use by first instance Tribunals was introduced.
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If there is enough information to suggest that one of the necessary elements of a sacramental marriage was missing, the annulment investigation will commence in earnest. From this point, the process can take several weeks or months; it will depend on whether the tribunal needs more details, and how easily they can contact you, your spouse, and other witnesses. From this point, the Church tribunal will do their due diligence in looking into your request and will reach a decision as quickly as possible while also giving it an appropriate amount of diligent attention.
Are you interested in learning more about the Catholic annulment process or figuring out where to start?
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