The Catholic Corner:
Is Marriage Still Permanent?
by Rev. Michael Dogali
There are over six million divorced Catholics in the United States. However one views this statistic, it represents a searing experience of personal tragedy. Many of those persons are wounded further by feeling cut off from the Church, and should they remarry, they are barred from the solace and strength of the sacraments. The annulment procedure is an attempt to bring justice and compassion to many divorced and separated Catholics whose marriage actually was one in appearance only.
Misunderstanding on the procedure is due partly to the word annulment. The precise term is "declaration of nullity". A declaration of nullity is a judgment by the Church that what seemed to be a marriage never was in fact a true marriage. A declaration of nullity is granted when it can be shown that some essential or juridical defect made a particular marriage invalid from the beginning despite outward appearance, despite even the good faith of the partners or the establishment of a family.
Marriage is effected by consent, freely and knowingly saying "yes" to all that marriage involves; therefore, in considering a particular marriage', this "yes" is the key issue. When they said their vows, did both partners freely accept and clearly understand the lifelong commitment they were making? Did both partners, at that time, have the personal capacity to carry out consent, to form a community of life with the chosen partner?
While carefully protecting Jesus' teaching of the sacredness of marriage, the Church also is obliged to provide justice for anyone whose marriage has failed when it can be shown with moral certainty that the marriage lacked from its onset some essential element for a true sacramental bond. The indissolubility of sacramental marriage remains a central Catholic teaching. Pope Paul VI and Pope John Paul II strongly reaffirmed the uncompromising doctrine that a consummated, sacramental marriage bond is lifelong and cannot be broken by civil or Church authority.
The marriage tribunals of the Church do not seek to assign blame for marriage breakup. They seek only to understand a failed marriage, and determine whether either or both partners lacked proper consent or the ability to carry out consent. Church law affirms the personal relationship, the intimate partnership between the spouses, as a crucial, basic dimension of marriage. While conjugal union is expressed most specifically and intimately in sexual relations, it also extends to the couple's total life together, to physical, emotional, intellectual and spiritual community. In short, marriage is a union of persons, not simply a union of bodies. The purpose of marriage is to give life, but equally, to share it.
The Annulment Process
The annulment procedure is a court trial. It is conducted by a diocesan tribunal according to Catholic Church Law. Such a trial involves a careful and legal process of reaching an answer to a difficult and often delicate question. In the annulment trial the question to be answered is whether or not a particular marriage can be declared null and void. The trial has no effect in civil law.
In a trial for nullity of marriage the party who asks the Church for a judgment of nullity is called the "petitioner". The other party to the marriage is called the "respondent." It should be noted that the "respondent" is not considered a "defendant," since it is the marriage and not the respondent that is on trial. It frequently happens that the respondent is in agreement that the marriage should be declared null.
In presenting a case for nullity, the petitioner describes the history of the marriage and the reasons he or she feels that the marriage should be declared null. Not all problems which are encountered in marriage are sufficient to declare the marriage null according to Church law. If a Tribunal accepts a petition for a trial of nullity it means that clear, canonical reasons (grounds) do seem present in the case for questioning the validity of the marriage.
According to church law, marriage enjoys the favor of the law. In the case of doubt, marriage is presumed valid until it has been proven to be null. Therefore, it is important the petitioner and respondent understand that they are not free to make any plans or set any dates for a marriage in the Catholic church until they are notified of a final decision of the nullity of the previously attempted marriage, which has been the subject of a trial.
After the initial investigation, if the petition is accepted for trial, then the purpose of the trial which follows is to gather evidence in order to prove that the marriage is really null as claimed. Before the trial opens the respondent must also be contacted and advised of the petitioner's request for nullity. It is not permitted to conduct a trial for nullity without informing the respondent and giving him or her the opportunity to address the question of nullity and to participate in the trial. It is always hoped that the respondent will cooperate and offer information which will be helpful in reaching a fair decision. If however, the respondent does not cooperate, after being invited to do so, the trial will proceed.
Evidence
The evidence offered in an annulment trial usually consists in personal testimony given by the petitioner and respondent and by witnesses listed by either the petitioner or the respondent. Reports from doctors or counselors who may have been consulted during the marriage can also be requested as evidence. Such reports are helpful but can be obtained only with the signed and notarized permission of the parties who received the counseling or therapy. In some cases it may be necessary for the Tribunal to appoint an expert to review the evidence and provide a psychological evaluation of the problems in the matrimonial consent.
In the gathering of this evidence and testimony confidentiality is respected. No one is permitted to see the file except those authorized by Church Law who are appointed to the trial as officials or experts. Subject to the discretion of the judge, however, the evidence may be reviewed by the petitioner and respondent. Since all evidence is important to the trial of this case, it is therefore expected that the Tribunal would receive the full and prompt cooperation of the petitioner and hopefully also the respondent in obtaining whatever information would be helpful.
The Judgement
When the evidence has been gathered the trial is brought to a conclusion. The evidence is studied by the Judge, the Defender of the Bond (and the advocates, if there be any assigned). The evidence is evaluated and legal arguments are discussed whether or not it has been proven in fact and in law that the marriage is null. The judge makes the decision: Affirmative or Negative.
An affirmative decision states that after review of the evidence and law it has been found that the marriage is null and void. The reason for the nullity is stated. The law of the Church requires that a decision for nullity be sent to a Court of Appeals where the case will be reviewed and either confirmed or overturned. It is also the right of either party and the Defender of the Bond to make a formal appeal to the higher court against the affirmative decision. It is possible that during the appeal procedure the members of the Appea1 Trial will call for additional evidence. The annulment becomes final if the Appeal Tribunal also reaches an affirmative decision. If the Appeal Tribunal overturns the original affirmative decision, the case could be further appealed to the Sacred Roman Rota (equivalent of an ecclesiastical Supreme Court, located in Rome as part of the papal jurisdiction).
A negative decision will state that, after review of the evidence and the law, the judge has found that nullity has not been proven, that there is not sufficient evidence or legal argument to support a declaration of nullity. A negative decision may be appealed to the Court of Appeals. This is the right of the petitioner and also the respondent. The appeal trial could be lengthy. If the higher court reverses the decision and declares the marriage null, then the case must be sent to Rome to the Roman Rota for a final decision.
In a trial for nullity it is not the petitioner or the respondent who are on trial. The trial is about the marriage contract, whether it was valid or invalid. Therefore, the judgment of the Tribunal concerns marital status in the Church and the right of the parties to enter a "new" marriage in the law of the Church. This is not intended as a judgment on the patties' spiritual relationship with the Lord. If the petitioner or respondent have special questions about their spiritual and Christian life, or their personal, moral relationship to the Church, we recommend continued prayer and also consultation with a parish priest. For more information on the annulment process, contact the Tribunal Office at your diocesan chancery.