Annulment of a Marriage
Diocese of Christchurch 122 Barbadoes Street, PO Box 4544, Christchurch 1 Telephone (03) 366 9869 Facsimile (03) 366 9451 Email: mmurphy@chch.catholic.org.nz
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A Statement from 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 baptized, 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 baptized, 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 nonCatholics, 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.
Is there any Charge?
Yes. By the end of the process, whatever the decision, a fee of $900 (incl. GST) will have been asked of the person who introduced the procedure. In some cases there will be additional fees for Psychological and Medical Reports.
For more details of payment, see Preliminary Submission Form.
In each Diocese, the tribunal is subsidised by the Catholic people and the cost of $900 (incl. GST) by no means meets the total cost to the tribunal.
Financial considerations should not discourage anyone from exercising the right of a just hearing from the Church. The ability to pay, or not, does not affect the progress of a request or its outcome.
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
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marriage was null, that decision must be appealed to the Church’s Court of Appeal which is currently in Australia. This Court must give a second decision and the case is not final until the Court of Appeal agrees with the tribunal in New Zealand. In other words, the Australian court must agree that the marriage was null. However, if there is an objection to the decision of the tribunal, the Defender of the Bond, or the respondent, may file a personal appeal against the tribunal’s decision. The Court of Appeal studies the case and notifies the parties of the decision.
If the decision of the tribunal was that the marriage was valid, the petitioner or the respondent may appeal against that decision. If the Court of Appeal reverses the decision - that is, finds that the marriage was invalid - the next step is to apply to the Roman Rota.
Church that, in at least one element essential for a life-long union, the marriage was deficient from the start.
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.
Is Remarriage Allowed?
in
the
Catholic
Church
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.
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.
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
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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.
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 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.
What about the Other Spouse?
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.
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.
It is not always necessary for the petitioner to contact the respondent; the tribunal will do this. 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.
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.
What about Witnesses?
One section of the marital history forms asks for names of witnesses who know the husband and wife and how the
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Is the Tribunal’s Decision Final?
No. Church law requires an automatic appeal process. It works like this: if the tribunal’s decision was that the
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