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Annulment of a marriage

A statement form the Roman Catholic Church in New Zealand

July 1987

WHAT IS MARRIAGE?

The Catholic Church teaches that marriage is, by God’s plan, an enduring and exclusive partnership

between a man and a woman for the giving and receiving of love, and for the procreation and

education of children. For those who have been baptised, a marriage is also a sacrament.

The Catholic Church also teaches that every valid, sacramental marriage that has been

consummated is indissoluble. This is in accord with the Gospels, with the writings of St Paul, and

centuries of Christian tradition. When one or the other, or both partners to a marriage have not

been baptised, or a marriage has not been consummated, it is possible for the Church authority to

dissolve such a marriage.

Although not every marriage is a sacrament, every marriage - or, at least every first marriage -

including that between non- Catholics, is presumed to be valid. However, this presumption could be

wrong. Hence the need for a tribunal to study the validity or otherwise of a marriage.

HOW IS AN ANNULMENT POSSIBLE?

An annulment may be granted if evidence shows that from the beginning of a marriage - at the time

of the wedding - it suffered a basic and profound defect and was, therefore, invalid. No defect that

might arise during subsequent married life would turn a valid marriage into an invalid one.

So, only when it can be proved that a marriage was, in fact, never valid in the first place, may the

Church declare it null.

An annulment does not imply that the marriage was entered into with ill-will or with moral fault, or

that a real relationship did not exist. Rather, an annulment is a statement by the Church that, in at

least one element essential for a life-long union, the marriage was deficient from the start.

WHY DO I NEED AN ANNULMENT IF I'M NOT CATHOLIC?

If you're not Catholic, but plan to marry a Catholic, you might be asked to go through the annulment

process. This seems odd to most non-Catholics because neither person from the first union is Catholic.

Therefore, why should the Catholic Church investigate this marriage?

The Catholic Church presumes the validity of any marriage between two people who are free to

marry at the time of their wedding. (They must have no previous marriages.)

Basically, if the non-Catholic religious community of either spouse recognized the marriage, so does

the Catholic Church. Since marriage, as God created it, is permanent, then the Catholic Church

must also investigate these marriages. Because the non-Catholic wishes to marry a Catholic, the

Church's law applies to the proposed marriage, since canon law still binds the Catholic whom the

non-Catholic wishes to marry. Canon 1060 states that “Marriage enjoys the favour of the law.”

In short, the Catholic Church believes her teachings concerning the essence and the properties of

marriage bind all people, regardless of whether they are Catholic, as part of God's natural law.

ARE THERE ANY CIVIL EFFECTS FROM A CHURCH ANNULMENT?

No. It does not affect the legitimacy of children, property rights, inheritance rights, anyone's name,

right of access to children, or any other matter under civil law.

WHEN IS AN ANNULMENT POSSIBLE?

A petition may be filed at any time but no decision for nullity will be made until after the final decree

of civil divorce.

DOES AN ANNULMENT MAKE THE CHILDREN ILLEGITIMATE?

No. The parents, now divorced, presumably once obtained a civil license and entered upon a legal

marriage. Children from that union are, therefore, their legitimate offspring. Legitimate means —

legal. The civil divorce and the Church annulment do not alter this situation. Nor do they change the

parents— responsibility toward the children. In fact, during annulment procedures the Church

reminds petitioners of their moral obligation to provide for the proper upbringing of their children.

Nevertheless, persons pondering the Catholic annulment process do often express this concern

about the legitimacy of the children after that procedure.

HOW DOES THE TRIBUNAL WORK?

Church laws call for a tribunal in every diocese in the world. It has a staff of specially trained people

- priests, religious and lay - who offer help to those who ask the Church to study a marriage to

determine if there is a possibility of annulment. The tribunal investigates the marriage and, after a

study of the evidence, decided if the marriage is invalid.

How does one ask for an annulment?

The process begins when a person (known as the petitioner) completes a PRELIMINARY SUBMISSION

FORM and sends it to the tribunal. (The form is available from the tribunal or a parish priest)

The form asks for information about the background of each party, and for details of the courtship

and married life. The document is reviewed by one of the tribunal staff within a week or so of its

arrival. If there is nothing in the form to indication that the marriage is null, the petitioner is told. If,

however, the history gives some indication that the marriage was possibly null, the petitioner is told

and a formal interview arranged.

After the formal interview, and it appears the marriage was null, the request takes place on the

waiting list; cases are heard in order of arrival. Again if there is nothing to indicate that the marriage

is null, the petitioner is told. Continuation of the process does not guarantee a decision for nullity.

If a petitioner changes address the tribunal must be notified to avoid delays.

The testimonies of the petitioner and the respondent will be obtained separately. The tribunals find

that in most cases, the respondents are willing to testify. However, if a respondent, once contacted,

refuses to cooperate, the case can still proceed.

WHAT ABOUT WITNESSES?

One section of the marital history forms asks for names of witnesses who know the husband and wife

and how the marriage went. Key witnesses are those who knew the couple before the wedding

and at the time they married. The person who names witnesses is responsible for them to agree to

give evidence, but the tribunal will contact them with arrangements for the evidence to be given.

WHAT ABOUT THE OTHER SPOUSES?

Soon after the marital history is accepted, the other spouse - usually known as the respondent - is

invited by the tribunal to give evidence. This is required by Church law. No decision can be made

without the respondent being heard, if that is possible and the respondent may nominate witnesses.

The tribunal should know the respondent’s current address, but if this is not known, the address and

name of a family member through whom the respondent may be contacted.

It is not always necessary for the petitioner to contact the respondent; the tribunal will do this.

WHAT ABOUT CONFIDENTIALITY?

All annulment evidence is basically confidential. If the respondent decides to be involved in the

case he (or she) is, of course, told of the grounds on which the case is based, and this happens at

an interview.

IS THERE A NEED FOR CHURCH RECORDS OR DOCUMENTS?

Yes. It is the responsibility of the petitioner to supply the tribunal with records of baptisms (or of the

Baptised spouse if only one is Baptised) and with marriage and divorce certificates.

WHEN IS THE CASE DECIDED?

After all evidence is given, the case is typed. Sometimes there is a psychological report and legal

arguments. An official with the traditional title of Defender of the Bond (bond of marriage) points out

elements in the case that favour the validity of the marriage. Generally, a decision is reached soon

afterwards.

Is remarriage in the catholic church allowed?

Yes. If the first marriage has been declared null and there are no restrictions concerning re-marriage.

The usual procedure for preparing for marriage may be started with the parish priest.

However, if the initial marriage has been declared null because of an on-going cause, a re-marriage

cannot be permitted until the on-going cause is removed.

No new marriage may be scheduled in any parish until the annulment procedure is finalised. The

tribunal can make no prediction about how long any case will take to complete; many cases are

delayed because of difficulty in getting evidence from witnesses, etc.

FINANCIAL CONSIDERATION

No. The New Zealand Catholic Bishops have decided the Marriage Tribunal will no longer charge

fees for the marriage annulment process. This is in recognition that the Tribunal process is an

important pastoral ministry within the Church at a very difficult time in people’s lives.

THERE IS NO ONE SIZE FITS ALL—DIFFERENT PROCEDURES FOR DIFFERENT FACTS

We all have eyes, but yet we all see things differently. Every person’s life story will differ from another,

hence each annulment case is unique and procedures will differ depending on the facts of the case.

Therefore, it is important to remember that this booklet only provides you with a “nutshell” of the

annulment process.

For specific advice about process and procedures to suit your specific situation, please contact the

Tribunal for further information.

Tribunal of the Catholic Church for New Zealand

DIOCESE OF CHRISTCHURCH

2/9 Washington Way. PO Box 4544, Christchurch 8140

Telephone: (03) 366 9869 Facsimile (03) 366 9451

E-mail: tribunal.christchurch@catholic-tribunal.org.nz