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Basic Questions on Annulments |
Basic Questions on Annulments (Part I) Fr. Allain Caparas What is an annulment? How is an annulment different from divorce? First of all, let me answer by saying what it is not - it is not a "Catholic divorce." An annulment is an official determination by a church tribunal that what appeared to be a valid marriage was actually not one. It's not a declaration that the couple never loved each other, nor whose fault it is that caused the divorce, or who was the better spouse…Rather, it is a determination, that at the time of the wedding: 1. one or both parties lacked the sufficient capacity for marriage (i.e. lack of maturity, psychological or mental incapacity, lack of knowledge or ability to make a commitment to another) 2. or there was a failure to give adequate consent to marriage as taught and understood by the Catholic Church (i.e. "I will only stay married to you if" attitude, placing divorce as an option, contraceptive mentality, lacked the intention to stay faithful, forced to marry because of certain circumstances, getting married for the wrong reasons) 3. There are also cases where there might have been a violation of the Church's requirements for marriage (i.e. not getting the proper permissions). We call this, a lack of canonical form. Having said that - unlike a divorce which declares that a marriage once joined is officially terminated or finished, an annulment is a declaration that what was believed to be a valid marriage in the eyes of the Church was not so because there was a problem in either capacity, consent, or canonical form as explained above. An annulment does not deny that a relationship existed - whether long or short, nor does it imply that a couple lived in sin or that there was no good faith, or that the children are now illegitimate. Divorce terminates something that was; annulments recognize that something never was. Annulment is not something that the church desires for married couples. When a couple say to each other "all the days of my life" or "until death do us part," the Church tries to make sure that the couple means what they say and that they understand what they say. That is why the key to a successful marriage is a good marriage preparation. We learn that choosing to love someone for the rest of your life is more than a feeling or an emotion. It is a decision and a commitment. Sacred Scriptures is very clear about marriage - "What God has joined, men must divide" (Mt. 19:6). This is why the Catholic Church cannot accept divorce. But whether or not the couple were indeed "joined" is what makes annulment a possibility. Basic Questions on Annulments: Part II by Fr. Allain B. Caparas When an annulment might be needed? It's important to know that a civil divorce does nothing to affect one's marital status in the Catholic Church. As far as the church is concerned, you are still married. Although, for legal purposes a decree of divorce is necessary in order to initiate an annulment process, church annulments have no effects on civil laws in the United States. Church annulments are necessary for two things: 1. To restore one's spiritual and moral integrity 2. If you were previously married, and now wish to be married in the Church, an annulment is usually needed. Typically, most people seeking an annulment do so because of their desire to remarry someone else in the Catholic Church. And in order to do this, the Church must make sure that you are free to marry. In order for you to be free to marry in the Catholic Church, your previous marriage must first be declared null. It can be nullified in two ways: a declaration of matrimonial nullity that is granted by the church, or the death of your spouse. How about if you're remarried, say through the judge or a minister (i.e. another denomination or a "priest" for hire), does that count? The short answer is no. It doesn't count for two reasons: 1. Catholics wishing to marry must be married according to the laws and precepts of the Catholic Church. This applies to all baptized Catholics (regardless of whether you practice or not). Catholics are to be married in the presence of two witnesses and a duly authorized sacred minister. 2. If you were previously married, and then got married through the judge, your first marriage is still considered a valid marriage in the Catholic Church. You are therefore not free to marry. Moreover, if you had been previously married or your spouse, and the marriage is not recognized by the Church, this can affect whether you can be admitted to receive Holy Communion or serve as a sponsor for Baptism and Confirmation. If you or someone you know falls into this category, it can be easily be rectified through a process called convalidation. See your parish priest to begin the process. How about previously married non-Catholics wanting to remarry a Catholic in the Catholic Church? Do they need an annulment? Same principles apply to non-Catholics. The Catholic Church believes that the marriages of non-Catholics are valid. It is not because it's "church law" - but because it is God's law and nature's law. So, if you marry a non-Catholic and if he or she was previously married - his/her previous marriage is still valid and binding unless proven otherwise. So yes, he or she will still need to go through an annulment process, before a marriage can be celebrated in the Catholic Church. Depending on your situation, the process of annulment might differ. You might simply require a previous marriage to be declared null (which is a very quick and simple procedure) or you might have to go through a formal process. I shall briefly explain the process in the next article. Basic Questions on Annulments: Part III by Fr. Allain B. Caparas Who should I see about getting an annulment? How long will it take? What is the financial cost? Every petition or inquiry for an annulment typically begins with meeting with your parish priest. This initial "interview" is usually considered the unofficial part of a diocesan annulment procedure. The priest can assist you in drafting the initial forms for the tribunal. I said unofficial because contacting your priest or dropping off your completed forms does not officially begin your case. Only when the tribunal itself receives and formally accepts your petition does the process actually begin. The person seeking an annulment also has the option of not approaching their parish priest first (for whatever reason). You can call or contact the diocesan tribunal directly for guidance. There are legitimate cases when another competent person (man or woman), besides your parish priest, may be a more appropriate person to assist you in your initial interview and paper work. Once the tribunal accepts your petition, they are usually handled as quickly as possible and are usually handled in the order they are received. Depending on whether all the required documents and sufficient witness responses have been presented, the decision usually comes in about twelve months to eighteen months. The more complete and thorough your initial statement is, the better. As in any investigation, facts are good. This is why when completing your petition, providing the names and contact information of witnesses who can substantiate your case is absolutely essential. This includes, but not limited to your family members, friends and relatives who knew you as a couple, members of the wedding party, as well as the relatives and friends of your former spouse. Their responses to the questionnaire (usually mailed out to them) are considered evidence that would help the tribunal make an accurate and fair judgment. You, of course, serve as a key witness. And members of the tribunal will likely meet with you or speak with you to ask some questions and clarify some points. The other important witness necessary for your petition is the participation of your ex-spouse. An address or contact information of your ex-spouse must be provided, otherwise the petition will be rejected. The reason for this is simple: the church respects the institution of marriage and any marriage is considered valid unless proven otherwise. I know that for some this can be a tricky and sensitive situation. I am not going to pretend that it's easy or simple. My only thought would be is this: you need to close this chapter in your life and you owe it to yourself, your children, and current spouse (if applicable) to take this step forward. We all make mistakes and no one likes to open old wounds - but what if the old wounds were never really healed? What if it's only covered with a band-aid and left alone? It will fester, it will spread, and it can make you sicker! Think twice before you deny yourself this important step. What will my ex-spouse's testimony prove? The testimony of your ex-spouse can provide additional information (which you may not have) that can help the tribunal arrive at an accurate picture of the situation. And if your ex-spouse refuses to participate, it will not be counted against you. In fact the refusal to participate can be, under certain circumstances, used as evidence in the case - and might serve as an advantage for you. Just because your former spouse refuses to participate, that does not mean your case is closed. Unlike civil law, canon law allows the judges to form conclusions on why your ex-spouse refused to participate. But you're probably now wondering - does this cost anything? First of all - one does not really pay for an annulment. It's not as if it's on sale! Just like the state requires you to pay certain fees and court costs to process your petition for divorce, one pays for the legal process by which an annulment might be declared. I emphasize might, since unlike a civil divorce which is more or less automatic, the Church is concerned to investigate thoroughly and completely the circumstances of the marriage - which are often complex and involve the assistance of a qualified supporting staff that does need to be paid. Just like the civil courts, the cost for processing an annulment is largely subsidized from a general fund. The Church uses the money collected from the contributions of the faithful to pay over half of the actual cost. In fact, and this should be noted well - Church law clearly states that should an individual be unable to meet his or her share of cost, procedures for reducing or waiving the tribunal fees are available. No one is ever denied the annulment process because of their inability to pay (1983 Code of Canon Law, 1464 and 1649). Therefore, the excuse that "I can't afford an annulment" is never a legitimate excuse and holds no ground. You can't use that excuse because it's not a real excuse. Mustering up the courage to have to sift through a painful past is never an easy thing. Having to confront those chapters in our lives that we would rather tuck away in the corner, seem illogical. But the reality is, unless the past can begin to be healed by the grace of God, those chapters in our lives are never truly closed and they will always haunt us. Like I said, annulment is not about opening up old wounds. It's about healing wounds and mending broken bones that may have never really healed. Back |