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3. What is the role of the Tribunal?

When petitioned to do so, the role of the Tribunal is to determine if the marriage was
valid according to the teachings and laws of the Catholic Church.

A process is initiated when the Petitioner asks the Tribunal to declare his marriage null.
The Church requires a Tribunal process because of the sanctity of marriage and the
need for an objective appraisal of the validity of the marriage that is being challenged.

According to the laws of the Church: "Marriage enjoys the favor of the law;
consequently, when a doubt exists the validity of a marriage is to be upheld until the
contrary is proven." (Canon 1060) Therefore, if a man and woman were free to marry
and entered into a lawful marriage. The presumption is that a bond is valid until proven
otherwise.

The petition for a declaration of nullity asks the Tribunal to investigate the marriage and
determine if nullity can be proven. The essential question asked is: was true
matrimonial consent given on the wedding day? Were the man and woman joined
together by their consent right from the beginning of the marriage according to God's
plan? A declaration of
nullity is given it does not deny that a relationship existed between the man and
woman, nor does it assign moral-fault.

The role of the Tribunal is to give an authoritative and impartial answer to the question
whether or not the marriage was valid, and thus whether or not one is free to marry
again according to the laws of the Catholic Church. The answer of the Tribunal is a
judicial decision based on the laws of the Church and the facts, documents and
testimony received. If an affirmative decision is given by the Tribunal, it states that the
nullity of the marriage is proven. In this case, both parties of the marriage have the right
to enter a new marriage. If a negative decision is given, it states that the presumption of
the validity of the marriage is still held. The parties in this marriage are not free to
marry. Those who receive the decision of the Tribunal can then be guided in their
course of action.

A declaration of nullity is often called an "annulment." Though frequently used, this term
is not accurate because nothing is made null. Rather, a declaration of nullity declares
that what was presumed to be a valid marriage has been found to be invalid after a
thorough investigation. It is better to avoid using the term "annulment" and it is not used
in this booklet. back