by Monsignor Jeremiah Kenney
Following are the answers to some of the most common or most misunderstood issues concerning annulments. For more information, contact the Tribunal.
Q. "I hear that it's going to be more diffiult to get an annulment now that the new Code of Canon Law is in effect. Is it going to be harder?"
A. Since Nov. 27, 1983, every decision in favor of nullity which has been made by a lower court, called the Court of First Instance, must be reviewed by a higher court, called the Court of Second Instance.
For us here in Baltimore, this "higher" court is in operation. It is called the "Interdiocesan Tribunal of the Province of Baltimore."
Time-wise, we expect the review of First Instance decisions to take about four weeks following notification of the parties of the decision of the First Instance (lower) Court.
Not every petition requesting a decree of nullity, better known as a decree designed to establish canonical freedom to marry, is granted in favor of the petitioner. We do not anticipate any long delays as the "process" is designed to be pastorally healing and in no way should be a source of pain to the people who use it.
Q. "If my former marriage is annuled, does that mean that I am automatically free to remarry in the Catholic Church?"
A. That question is more difficult to answer. The decree of nullity which is issued after two courts have reached the same conclusion on the marriage, says nothing more than in the judgment of the church the "marriage" never existed from a Catholic perspective. It must also respond to the present "ability" of the parties to remarry.
Sometimes during the investigation of the failed union, areas surface which demand a proper response prior to setting a date for a new marriage. It may happen that the basis for the annulment of the failed marriage is "lack of due discretion" on the parts of one, other, or both parties.
It would be unjust of the church to permit another union or marriage to take place without doing all in her power to ascertain that those areas which caused the breakdown in the first or failed marriage have been properly addressed by the parties through proper counseling and therapy. The Church has an obligation to protect the holy state of marriage and to that end; every marriage which takes place with the blessing of the Catholic Church must be preceded by a pre-marriage investigation conducted by the officiating clergyman.
Q. "What is the 'process' to obtain a decree of nullity like?"
A. The process is marked by a detailed preliminary stage. This stage is called "the bill of complaint" (Libellus) against the marriage. It consists of three steps:
- The Petitioner must present recent copies of the baptismal certificates of the Catholic parties; a certified copy of the marriage license and a certified copy of the final decree of divorce from the bonds of marriage.
- The Petitioner must answer a detailed questionnaire. If a particular Petitioner has difficulty answering the questionnaire, he/she will get all the help he/she will need when the Petitioner meets with a Tribunal officer called Procurator-Advocate. Every Petitioner will have the opportunity to meet with and appoint a Procurator-Advocate to represent them before the Tribunal.
- The Petitioner must name witnesses (knowledgeable) as to the reasons for the failure of the marriage. Later, during the course of the investigation, these witnesses will be contacted by the Tribunal Judge and asked to answer a questionnaire. For the majority of cases, this is done by U.S. mail. Many witnesses are elderly parents or relatives or people who find it impossible to get off work to testify in person. The Tribunal certainly understands and finds acceptable obtaining testimony by mail. Some persons may wish to respond in person.
The Respondent (ex-spouse) enjoys the exact same rights as the Petitioner. The Respondent is given the opportunity to answer a questionnaire prepared by the Tribunal Judge and to name his/her own witnesses.
Following the Judge's decision in the First Instance Court, the case is automatically sent to the higher court, the Baltimore Province Interdiocesan Court. This court always consists of three judges: the Presiding Judge is usually the judicial vicar, Monsignor Jeremiah F. Kenney and two associate judges appointed by Monsignor Kenney from the Interdiocesan College of Judges.
As in the lower court, the higher court also has a court officer called the Defender of the Marriage Bond. His job is to asertain that a true marriage is properly defended. The Procurators-Advocates who represent the parties in the lower court may be asked to obtain additional information for the higher courts; the FINAL DECREE is issued and is immediately effective.
Q. Can the Baltimore Tribunal accept my case when our failed marriage wedding ceremony took place outside of the Baltimore archdiocese?
A. Yes.
You are really asking a question about competence. For the Baltimore Tribunal to be competent, the following must take place:
- The Respondent (your ex-spouse) must live in the Baltimore archdiocese; or
- Your wedding ceremony must have taken place in the Baltimore archdiocese; or
- If your ex-spouse lives OUTSIDE of the Baltimore archdiocese, the Judicial Vicar of his/her place of residence must give permission. This means that the Judicial vicar must make every effort to hear the Respondent and to be sure the Respondent knows that an annulment process is about the begin. Your Baltimore Judicial Vicar will seek this permission.
Q. What if my ex-spouses's residence is unknown; i.e., I have absolutely no idea of where he/she presently lives or how I may obtain that kind of information. May I precede my case here in Baltimore even though we were married outside of the Baltimore archdiocese?
A. No, your case must be processed in the Tribunal of the Catholic diocese where your wedding ceremony took place.
Q. Have the reasons for granting annulments changed in recent years?
A. No, the grounds (reasons) on which annulments are based have not changed. We do not "manufacture" our own grounds. Highest church courts known as the Apostolic Signatura and Roman Rota determine, for the most part, interpretation and application for Church Law.
If your failed marriage ended in a civil divorce, you are encouraged to apply for a decree of ecclesiastical nullity. You Contact the Tribunal Office, for specific answers to your particular questions. The Tribunal's telephone number is 410-547-5533. Please call if you have any questions.
Q. How much does an annulment cost?
A. Here in the Baltimore archdiocese, we do not ask the Petitioner to assume the full costs of a Tribunal process. We are subsidized by the parishes in our archdiocese. However, we do ask, if the Petitioner can afford, that the Petitioner assume part of the expenses. The two-courts fee is $500.
If a psychiatrist's review of the case is required by the judge in making his decision, this fee is $75. Judges do not always require services of a psychiatrist. No annulment is ever denied because a Petitioner cannot afford the fee.
Q. Are the children born to a church-annulled marriage legitimate?
A. Yes. Canon law has always held that the children born to a marriage are legitimate. There are some minor exceptions. However, this author has never encountered any in his many years of working with the Tribunal.
Q. But Father, how can you and the Church say our marriage never existed? We were married in the Church and had children?
A. Here we go again!
Obviously one does not need to be married to have children! Furthermore, a wedding ceremony--even one performed in St. Peter's in the Vatican--does NOT alone make a marriage legitimate. The ability of the parties to meet the terms of the marriage covenant in question determines the validity or invalidity of the marriage.
Only, according to Catholic teaching, a properly competent Tribunal has the authority to make such a judgement.
Q. As a baptized Catholic, I married without Church permission in a non-Catholic ceremony. Is this marriage valid according to the Catholic Church law?
A. No. You should phone the Tribunal office for additional information and the required questionnaire. Your parish clergyman will assist you in completing this form and obtaining the necessary documents. This particular decree of nullity takes about one month to process.
Q. What about me? I'm not baptized in any religion and neither was my ex-spouse. I am presently married to a Catholic and for his/her sake; I would like to get my failed marriage annulled. What do I have to do?
A. You may have what is called a "Favor of the Faith" case. One of the priests on the Tribunal staff handles such cases. His name is Father Gilbert Seitz and his office is 320 Cathedral Street, the Catholic Center. You may call Father Seitz to review the "particulars" of your case for additional clarification. The Tribunal phone number is: 410-547-5533.
Q. What about me? I was never baptized and I want to become a Catholic. Do I have to go through the full process of a formal annulment trial?
A. You may have a Pauline Privilege case. Once again, Father Seitz is the one to see.
Monsignor Kenney is Judicial Vicar of the Interdiocesan Tribunal of the Province of Baltimore and the Division Director of the Tribunal.
Reprinted with permission from The Catholic Review, February 26, 1992.
