Procedures: Documentary (Lack of Form or Ligamen)

Documentary processes are usually completed by the Chancellor's office of the archdiocese. This page is intended for informational purposes. Please contact the Chancellor's office at 651. 291. 4400 for assistance with this process.

In light of Church teaching, Catholics believe that all Christian marriages are sacramental by their nature, and a person's marriage is always considered sacramental unless proven otherwise. If a person was married previously, then remarried, the Catholic Church would consider the party bound sacramentally to his/her first marriage, unless a declaration of nullity for the first marriage was issued.

In order to determine if a prior bond exists or if a marriage lacked canonical form, a documentary process is used to clarify the marital situation. In other words, an in depth review of the marriage through the judicial process is not necessary, but rather the review is based upon official documents.

The first step is to complete an application, and gather several documents (the copies of the baptismal certificates, the marriage certificates and the civil divorce decrees of all the parties involved) which can be done with the assistance of a parish priest, deacon, or parish tribunal liaison. In working with a documentary process, besides completing an application form, it is always required that a copy (or proof) of the parties baptismal certificates, marriage certificates, and civil divorce decrees be provided for each marriage being considered. The decision-making stage can begin only after all information is gathered from the petitioner, the respondent, and the witnesses.

All information in this process is gathered for the sole purpose of determining whether or not a sacramental or natural bond of marriage exists, or was performed, according to canon law and Church teaching. After the petition has been accepted, the respondent will be contacted. This contact is necessary, since the tribunal has an obligation to protect the rights of both parties.

It is impossible to predict accurately the time it will take to complete this process. It depends on such variables as the cooperation of the respondent, the promptness of responses, and the need to seek further clarification, while taking into account the caseload and the size of the tribunal staff. There are no guarantees that a case will be completed within a month because of the variables involved.

Lack of Form

Baptized Catholics are bound to the Catholic Church's form of marriage. Since Catholics believe that sacraments are received within the context of the Church community, a Catholic who wishes to enter into a sacramental marriage must have this marriage witnessed within the Church. If a Catholic married outside of the Catholic Church without receiving a dispensation to do so, the marriage is invalid.

X, a baptized Catholic, marries Y (it does not matter if Y is baptized).
They marry before someone other than a Catholic bishop, priest, or deacon, such as a judge or a Protestant minister.
No dispensation from form had been given to X by a bishop.
The marriage is invalid because canonical form is required of X.

Ligamen (Prior Bond)

One is not free to marry while already married to someone else. Ligamen, or a prior bond, therefore would render a second marriage invalid. This can be proven through documentation.