question7

7. 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
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