What Is An Annulment?

Marriage, according to the teachings of Christ, is a covenant between a man and a woman who have vowed to be faithful, to share the whole of their lives for the good of their spouse, and to be open to having and educating their children.  The Catholic Church holds the covenant to be indissoluble.  The Church further believes that a valid marriage between the baptized is a Sacrament.  When validly contracted, such a marriage cannot be set aside by any human power.

An “annulment,” more correctly called “a declaration of nullity,” is a formal decree by the Office of the Tribunal stating that a marriage that was thought to have been entered into validly was actually not valid from the beginning. A decree of nullity states that the marriage covenant for some reason was initially not bound in a manner consistent with Catholic teaching regarding marriage.  It is very different from a civil divorce which states that marriage is a legal contract that can be dissolved.

The Roman Catholic Church holds that all marriages are presumed to be valid unless it can be proved otherwise.  This is true whether between two Catholics married in the Church, or between two non-Catholics who marry in whatever manner is appropriate for them. The Church also considers all marriages binding whether persons are unbaptized or baptized. 

Any person who has a previous marriage and seeks to marry in the Catholic Church must have their marriage(s) examined by a Tribunal to determine if the marriage was valid or not from the beginning.  Because of the Church’s great respect for the bond of marriage, this is necessary even for a non-Catholic party who wishes to marry a Catholic in the Church.  The examination of all first marriages by the Tribunal must be complete before planning or preparation for a second marriage can take place. 
 
Who can apply for an annulment and how?
The Catholic Church, through its teaching and ministries, supports faithful, loving marriages and family life.  The Church also recognizes the unfortunate truth that not all marriages survive.  When a marital relationship ends in a civil divorce, it can be a time of great pain and sorrow.  Eventually, many find it important to understand what their standing is in the Church and they may begin to search for answers through the nullity process.  The only person who can initiate an application for nullity of marriage is one of the parties of the marriage itself.  When one of the spouses requests it, the Church is obliged to investigate the validity of the marriage.

Before accepting a case, the Tribunal will need to understand that no hope for reconciliation remains.  Therefore, it is necessary that a civil divorce be granted before a case is accepted for consideration by the Tribunal.  It is the policy of the Tribunal of the Diocese of Baker, that a waiting period of one year follows the divorce before an application is to be submitted.

The first step when questioning the status of a marriage in relation to the Church is to arrange a meeting with the pastor of your parish. He will listen to the story of the marriage, hear all concerns, and provide advice concerning the viability of the case.  The pastor will act as an advocate by explaining details of the process and assisting in filling out the application and presenting it to the Tribunal. He continues to represent the person who made the request (the Petitioner) throughout the entire proceedings.

Many are concerned that if a marriage is declared null by the Church that it means a marriage never took place. Others worry that it may cause changes in court mandated obligations following a civil divorce.  Still others refrain from initiating the process thinking that the legitimacy of children will be challenged.  The truth is that the Catholic Church recognizes that a real relationship existed and it does not imply that it was entered into with ill will or moral fault.  A decree of nullity does not affect any obligations originating from civil agreements, issues of custody, or inheritance.  More importantly such a decree has no effect on the legitimacy of children, which is not questioned.  In investigating petitions for declarations of invalidity, the Tribunal seeks only the spiritual good of the people involved.

To understand more about the workings of the Tribunal, see Types of Cases/FAQ.