Frequently Asked Questions about Marriage Annulments

These are some of the frequently asked questions concerning the processing of marriage annulment cases.

1. What kind of cases does the Marriage Tribunal process?
2. Do marriage nullity cases also apply to non-Catholics?
3. When applying for a Declaration of nullity case, what steps are involved?
4. When applying for a Declaration of Nullity, does the Tribunal contact my former spouse?
5. Do I have to have a divorce before applying for a Declaration of Nullity?
6. Is there a time-limit on how long a Declaration of Nullity takes?
7. Is everything I send to the Marriage Tribunal confidential?
8. Is there a cost involved in obtaining a Declaration of Nullity?
9. Does a Declaration of Nullity affect the legitimacy of children?
10. Do both the Petitioner and Respondent name witnesses?
11. Do parties and witnesses give their testimonies in person?
12. When is a decision made in a nullity case?
13. Do the parties have the right to appeal the decision?
14. When is a remarriage allowed in the Catholic Church?

1. What kind of cases does the Marriage Tribunal process?

The Tribunal processes cases for which it has competence.  The Petitioner is asked questions to determined which Tribunal has the appropriate jurisdiction to handle the Declaration of Nullity case (i.e. in what city did the marriage take place; where does the other party reside; where do witnesses reside, etc.)  Depending on how these questions are answered, it is then decided if a case is to be handled by this Tribunal.  Other cases also processed by the Tribunal include cases of lack of canonical form, cases of dissolution for lack of baptism and non-consummation, cases where there may have been insufficient consent given by one of both parties, cases pertaining to different rites.

2. Do marriage nullity cases also apply to non-Catholics?

The Roman Catholic Church recognizes, as valid, the marriages of Catholics as well as non-Catholics, either baptized or not baptized.  Marriages between baptized parties, either Catholic or non-Catholic, if valid, are sacraments.

3. When applying for a Declaration of nullity case, what steps are involved?

The party who applies for the case is called the Petitioner.  The party is to contact the Marriage Tribunal direclty for a preliminary package.  Once the package is completed, that is when a file is officially opened.  The preliminary package comes from with list of instructions on how to complete the package.  These packages are available in both English and French.  A booklet entitled "Help for the Divorced and Separated" is also encosed with the package.  This booklet explains the nullity procedure and is also available in English and in French. 

4. When applying for a Declaration of Nullity, does the Tribunal contact my former spouse?

Church Law states that all Respondent parties are to be notified of the case and be given a chance to make a statement. This is done by certified letter which the Tribunal sends out to the Respondent party.  If the Respondent party absolutely cannot be found, the Petitioner is to contact the Tribunal directly for further directives.

5. Do I have to have a divorce before applying for a Declaration of Nullity?

No.  However, a letter of explanation must accompany your application when your preliminary package is submitted.  Should you be granted a Declaration of Nullity, the Tribunal will not release your official notification of nullity until the divorce decree has been submitted.

6. Is there a time-limit on how long a Declaration of Nullity takes?

No.  It is impossible to give time-limits of any kind since each case is different.  The two parties are encouraged to contact the Tribunal periodically should they wish to know how the case is progressing.

7. Is everything I send to the Marriage Tribunal confidential?

Absolutely.  No one will have access to the file except Marriage Tribunal personnel.

8. Is there a cost involved in obtaining a Declaration of Nullity?

Whether or not a donation is given to help with the costs of the nullity case, the quality of the investigation does not depend on monetary reimbursement. The question is not simply one of cost, but one of justice. Those who cannot afford the suggested fee are to contact the Tribunal to make other arrangements. Financial considerations are assessed in each case and there is a possibility of a Diocesan subsidy or even waiving of the fee. Income tax receipts are issued at the end of the year for all contributions made to the Tribunal.

9. Does a Declaration of Nullity affect the legitimacy of children?

No.  A Declaration of Nullity has no effect in civil law and has no effect on the legitimacy of children.  Children are a gift from God born into a union that was presumed valid.

10. Do both the Petitioner and Respondent name witnesses?

The Tribunal asks the Petitioner for a minimum of five witnesses, although not all of them may be heard.   If the case is strong in evidence, sometimes the Tribunal can proceed with three witnesses.  The ideal witness is one who knew both parties prior to, during and after the marriage.  Witnesses may include family members, friends, counsellors, etc.  Witnesses should not all be related to the Petitioner party.   When Respondent parties are contacted by certified mail, they are also given the opportunity to name witnesses, if they so choose.

11. Do parties and witnesses give their testimonies in person?

Parties and witnesses are questioned under oath.  The questions are asked by the Auditor.  This is usually done with a cassette recorder in the room.  The testimony is then transcribed by the Notary and placed in the file.  This is what the Judges will read.  The Auditor calls the parties and witnesses to schedule appointments to hear their testimony.

12. When is a decision made in a nullity case?

When all of the evidence has been gathered, the case is sent to a Defender of the Bond to argue the validity of the marriage and to guarantee the rights of both parties.  The case is then sent to a Judge (or Judges) for a decision.  In more complex and difficult cases, a panel of three Judges may be appointed.  When a case has been given an affirmative decision by the first panel of Judges, the case is then sent to the second panel of Judges who are in the Second Instance Court in Ottawa.  If the two panels of Judges reach an affirmative decision, the Declaration of Nullity is granted.  If a negative decision is reached, the Marriage Tribunal will discuss with the parties directly as to what options would be available to them.

13. Do the parties have the right to appeal the decision?

Yes.  The Petitioner has the right to appeal a negative decision.  The Respondent has the right to appeal an affirmative decision.  

14. When is a remarriage allowed in the Catholic Church?

If the case has been granted and both parties are free from the bond of marriage, they could be free to enter into a new union.  They are to contact their parish-priest who, in turn, is to contact the Marriage Tribunal for further instructions and permissions.  The parties are not to make any future marriage plans until the Declaration of Nullity has been granted.  The Tribunal is not responsible for any guarantees or promises made by a priest or lay person.