The Deacon's Dialogue

One of the most misunderstood actions of the Church among our non-Catholic friends (among many Catholics as well) is the idea of annulments. Many view annulments as simply divorce Catholic style. I have heard others use the phrase "buying an annulment." One woman came to me in tears with the question, "How could my husband get an annulment when he was the one who left me for another woman?" All these statements betray a lack of understanding of what an annulment is and how one goes about obtaining one.

To understand annulments we must first understand the nature of marriage in the Catholic Church. While civilly marriage is a contract between two persons that is binding until decreed otherwise by the legal authority, in the Catholic Church marriage is a sacrament that is binding for life. It is the only sacrament that is conferred by those receiving it. The priest or deacon acts as witness on behalf of the Church and adds the Church’s blessing. Thus the spouses are ministers of the Sacrament of Matrimony. Both parties must be free to marry, must follow the laws of the Church concerning marriage and must give their consent freely. Thus Canon 1095 states: "The following are incapable of contracting marriage: 1. Those who lack sufficient use of reason 2. Those who suffer from a grave lack of discretionary judgement concerning the essential matrimonial rights and obligations to be mutually given and accepted 3. Those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage." The CATECHISM OF THE CATHOLIC CHURCH thus explains the nature of an annulment: "For this reason (or for other reasons that render the marriage null and void) the Church, after an examination by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed." CCC #1629.

An annulment, therefore, does not dissolve an existing marriage as a divorce does, it states that a sacramental marriage never took place. This is an important distinction since the Catholic Church teaches that marriage is indissoluble, made so by Christ himself. (See Matthew 19:6) We must make another distinction between a legally contracted marriage according to civil law and a sacramental bond. The Church recognizes the legal bond even of those who invalidly marry according to Canon Law. Thus, any children born of this union are not considered illegitimate as some have suggested. This is also why a Catholic who marries invalidly, not adhering to the requirements of the Church, must still obtain a decree of nullity before he or she enters a valid marriage. This type of annulment is one that is declared for Lack of Canonical Form. It is a much shorter process since all that is necessary is proof that the person was baptized Catholic and not married according to Canonical Form. For instance, a Catholic who was married by a Justice of the Peace has married outside of Canonical Form. The marriage is invalid but must still be annulled by the ecclesiastical tribunal. Only a baptized Catholic can obtain an annulment because of lack of canonical form since only a baptized Catholic is bound by canonical form. For those whose marriage followed canonical form, and for all non Catholics who have been previously married but who now wish to marry in the Catholic Church, a standard Decree of Nullity must be obtained.

The process for annulling a sacramental marriage cannot begin until a legal divorce has been obtained. Once a legal divorce has been granted, the person seeking an annulment meets with a priest or deacon who will usher them through the process. The initial step is to file a general information sheet that provides the basic information on the marriage, the date of divorce (a copy of the decree is also sent) and the general reason for the break up of the marriage. This is followed by a longer form that asks for much more detail about both persons and the marriage itself. Witnesses who knew the persons both before their marriage and after their marriage are required and are sent a form to fill out. The persons involved in the failed marriage, as well as the witnesses, may be asked to present themselves to the Tribunal for further questioning.

It not necessary to fix blame for the failed marriage on one’s partner. It is possible that the person initiating the process was not cable of making a sacramental bond at the time of the wedding for a variety of reasons. Such an admission would not necessarily prevent the person from validly marrying in the Church provided the reason for this inability no longer exists. This is why the woman who came to me asking why her husband got an annulment when he was the one at fault misunderstood the process. ‘He’ did not get an annulment. Her reaction indicated to me that she thought he had been granted some favor or that he had proven that he was the one who was wronged. I pointed out to her that he had done her a favor. Their marriage was declared null and void and may very well have been declared thus because of his inability to commit himself for life.

Early on in the process the former spouse of the petitioner is notified that the process has begun and is offered a chance to respond. If he or she declines to respond the process nonetheless continues. Once a decision is reached, and approved by the proper ecclesiastic authority, the petitioner is notified as well as the deacon or priest who assisted in the process and the respondent (the petitioner’s ex-spouse). It is not necessary for a person whose ex-spouse has obtained an annulment to petition for their own annulment.

The fees involved in the annulment procedure vary from diocese to diocese and are meant to cover the expenses of the tribunal. However, parishes are asked to assist persons for whom the fees are burdensome. The length of time it takes also varies from diocese to diocese. The questionnaire is long and requires a detailed response. Often I have heard people say that the process was a form of healing for them as they put on paper all the pain and suffering they had gone through. When they sent the questionnaire back it was like mailing away the pain.

I will conclude with a word about the status of those who are divorced. One who is divorced is not excluded form the sacraments unless the person has remarried. Therefore, a divorced person who has NOT remarried is still a Catholic in good standing and welcomed to the Eucharistic table. "The remarriage of persons divorced from a living, lawful spouse contravenes the plan and law of God as taught by Christ. They are not separated from the Church, but they cannot receive Eucharistic communion." CCC #1665. Thus there is no defacto excommunication even for those who divorce and remarry. Those who are in invalid marriages are still part of the Church. "They should be encouraged to listen to the Word of God, to attend the Sacrifice of Mass, to persevere in prayer, to contribute to works of charity and to community efforts for justice, to bring up their children in the Christian faith, to cultivate the spirit and practice of penance and thus implore, day by day, God’s grace." CCC #1651 They may not be absolved sacramentally unless they "are committed to living in complete continence." CCC #1650