Who can apply for a declaration of nullity?

Either party to the marriage can apply for a declaration of nullity. Before the Church can consider a case, however, it must be clear that there is no possibility for reconciliation between the parties. A civil divorce is considered sufficient proof that the marriage has reached the point of irretrievable breakdown. If the parties were married in a country which allows for the possibility of a religious marriage without civil effects (such as Mexico, for example), a marriage nullity case can be heard as long as there is sufficient proof that the parties cannot be reconciled.

What is the difference between a declaration of nullity and a divorce?

A civil divorce is concerned with the end of a marriage while a decree of nullity concerns the beginning. Simply because a separation or divorce has taken place does not mean a declaration of nullity can be granted. Civil law grants divorce (dissolving the rights, claims and civil obligations between a husband and wife) because they cannot or will not continue together. A declaration of nullity does not dissolve a marriage. It declares that a specific union, thought to be a marriage by all appearances, did not include, from the beginning, the proper intentions and/or capacities for a valid and sacramental marriage in God's plan.

Does a declaration of nullity have any civil effects?

No. Marriage cases that have been confirmed as invalid through the Church process have no civil effects. Issues such as child support and visitation, property rights and alimony must be determined by a civil court. A final divorce decree signed by a judge must be submitted to the tribunal for each prior marriage.

Does a declaration of nullity affect the legitimacy of children?

No. Legitimacy is a legal term. The Church understands that the status of children is not affected when they are born of a marriage that is later determined to be invalid. Children are a gift from God and entitled to the love and support of parents and the faith community.

Must the tribunal contact the other spouse?

Yes. The other spouse (i.e., the respondent) must be notified that a marriage case has been submitted to the tribunal out of fairness, since both parties can exercise certain rights given in Church law in a formal case process.

What if the address of the former spouse is unknown?

The petitioner, not the tribunal, must make every effort to provide an accurate, current address of the respondent. If this is not possible, the efforts and results must be documented for the tribunal.

What happens if the former spouse refuses to participate?

It is not only helpful to obtain the view of the marriage from the former spouse, but advantageous to both parties to cooperate fully and honestly, since both may benefit spiritually from this process. If the former spouse either refuses to participate or decides not to respond after being notified, however, the tribunal may proceed with the process.

Are witnesses necessary in a formal marriage case?

Yes. Witnesses corroborate evidence presented in a case and assist the tribunal to gain a better understanding of the marriage in question and the parties involved.

Can anyone be a witness?

Witnesses should be persons who knew one or both of the spouses before or at the time of the wedding, or during the early years of their former marriage, and who would be willing to complete a questionnaire. If possible, it is best to include a mixture of family, friends, and even counselors.

Are cases always decided in the affirmative?

No. A case might receive a negative decision due to inadequate testimony or evidence, such that it fails to prove invalidity.

If a declaration of nullity is granted by the tribunal, are the parties free to marry?

Yes. However, in some cases, certain conditions may be placed on one or both parties before they can marry in the Church, especially if serious psychological or relational difficulties were evident in the former marriage.

How do I start a marriage case?

Contact your parish priest, deacon or tribunal liaison who will assist you with information about preparing a marriage case and explain the appropriate Church process involved. You may also contact the Metropolitan Tribunal for assistance.