Q & A Regarding Marriage, Divorce and Annulments
The annulment process is the Church’s effort to be faithful to Christ’s highest ideals (“What God has joined, let no one separate” Matt. 19:6), as well as treat individuals with the compassion of Christ (“Be compassionate, as your father has compassion” Luke 6:36).
There are some who might not take the opportunity to inquire about the annulment process because of misinformation, misunderstanding, or fear about annulments. This Q & A series will hopefully help some take another look at annulments and help in removing barriers from receiving the sacraments of the Church.
This Q&A is not in any way intended to encourage divorce or separation. The hope is that through education of the Church’s teachings on marriage and annulments, those who have suffered divorce can be encouraged to strive to take the necessary steps to receive the sacraments.
Why does the Church teach that marriage is permanent?
Marriage is permanent because God's love is permanent. Christ’s love for His Bride, the Church, is free, faithful, fruitful, and total. God's love is never taken back. A couple should reflect seriously upon the meaning of their commitment, and take on those responsibilities only if they are prepared and intend to mirror God’s kind of love in their lives together.
Must two people remain in a marriage at all costs?
Church law states that if either of the spouses causes "serious danger of spirit or body to the other spouse or the children, or otherwise renders common life too hard," the spouses may separate (Code of Canon Law 1153.1).
The Church is always concerned that human life must be protected from things that would destroy it. If the marriage relationship is threatening the life or well-being of one of the parties or the children, or if the continuation of the relationship has truly become intolerable, then the Church reminds us of our responsibility to protect human life in all its forms (including the spiritual), and allows for the separation of the spouses.
Does the Church accept the results of a civil divorce?
The church teaches that no human power can dissolve the sacramental bond of marriage. Therefore, the Church does not recognize any civil authority over the marriage bond. However, in order that a person's civil rights can be protected and so that any children of a marriage can be provided for in an adequate manner, the Church teaches that divorce can be tolerated, if it is the only way that a person's rights can be protected. (Catechism of the Catholic Church 2382)
What is the status of a divorced Catholic in the Church?
Those who divorce are still considered members of the Church. Divorced persons (as long as they have not remarried without an annulment) may still be able to receive the Eucharist and the other sacraments. Moreover, Pope John Paul II urged all the faithful to help those who have divorced so that they do not consider themselves separated in any way from the Christian community. (see The Christian Family in the Modern World, n.83)
What is the status of a divorced Catholic who marries outside the Church?
A divorced Catholic who marries outside the Church is still considered a member of the Catholic Church. However, a Catholic who marries outside the Church may not receive the Eucharist or Reconciliation until they are either resolved to remain celibate or their current union is validated by the Church once an annulment is granted. This is for two reasons. First, according to Church law, Catholics must ordinarily marry before a priest or deacon and two witnesses in order for the marriage to be recognized by the Catholic Church. Second, by establishing a new union, the person is no longer giving witness to that unbreakable bond of love. Objectively they are living in a way that contradicts the Church's teaching about the sacramentality of marriage, and are violating the previous marriage bond (if is not indeed null).
What about a Catholic who marries a divorced person?
The same answer would apply. The Catholic party cannot receive the sacraments of Eucharist and Reconciliation.
How does a person re-marry in the Catholic Church?
There are two principal ways that a person may re-marry in the Catholic Church: if their previous marriage is dissolved, or if it is declared null from the beginning.
What does it mean to dissolve a marriage?
Non-sacramental marriages in which at least one of the parties was unbaptized during the entire course of the marriage can be dissolved in certain circumstances through either the Pauline Privilege or the Privilege of Faith.
What does it mean to declare a marriage null?
A declaration of nullity, (an annulment), means that something essential to the marriage was lacking at the time the parties exchanged consent. Thus, while the parties believed they were giving valid consent to their marriage, something was missing which prevented a true (valid) marriage bond from being formed at that time.
What could be missing in the parties consent?
For Catholics, it could be that the parties did not marry according to the laws of the Catholic Church. In other situations, it could be that the parties' consent itself was lacking in some way. In some situations it could be that one or both parties might not have had the necessary maturity or the psychological capacity for marriage. In other situations, it could be that an essential element of marriage was lacking in the person's consent. That is, at the time of the marriage, the person did not intend permanence, fidelity, or children as part of their marital commitment. It could also be that a person's understanding of marriage itself of or of the person they were marrying was lacking, such that they truly did not have sufficient knowledge about what they were doing. These are called "grounds" for challenging the validity of the marriage bond. The case sponsor or procurator assisting with the annulment process can help determine possible ground.
If a declaration of nullity is given, does it mean the marriage never existed?
A civil contract certainly existed. A declaration of nullity means that what did exist between the parties was not what the Church means when it speaks of marriage.
If a declaration of nullity is given, are both parties free to marry?
Yes. However, the Tribunal can recommend or require counseling before a subsequent marriage (and sometimes before convalidation of a present marriage), to ensure the problems experienced in the pervious marriage do not carry over into a new union.
If a declaration of nullity is given, does it mean the children are illegitimate?
No. Church law specifically provides (Code of Canon Law 1137) that even if a marriage is declared null, the children born of the marriage are still considered legitimate.
Why are so many more annulments granted than used to be?
While carefully protecting Jesus' teaching of the sacredness of marriage, the Church also is obliged to provide justice for anyone whose marriage has failed, when it can be shown with moral certainty that the marriage lacked from its onset some essential element for a true marital bond. Pope Paul VI noted that delayed justice is injustice, and during the 1970’s and 80’s, the annulment procedures were streamlined. Besides changes in the norms of handling, diocesan tribunals were given authority to try cases that previously would have gone to Rome.
The Church has recognized for some time that psychoses, disintegrative mental illnesses such as schizophrenia and manic depression could so impair mental and emotional stability that one's consent to marriage lacked the necessary discernment or capacity. But more recently, using further psychological insights, the Church now also acknowledges that other dysfunctions of personality may render a particular marriage covenant impossible. These can include (but are not limited to): alcoholism, anxiety, depression, and related conditions, personality disorders and post-traumatic or post-abuse stress. It is not unusual that signals of problems were evident before the marriage, but simply denied by the other party, or glossed over with the unwarranted hope that marriage would change the partner. The Church recognizes that at the time of marriage, the mental ability for cooperation, compromise and communication is essential for any deep interpersonal relationship.
These revisions have now been made part of the 1983 Code of Canon Law, which also acknowledges the continued necessity for a just procedure in marriage cases and the deep needs of those whose lives have been touched by divorce. With these reforms in place, the number of those petitioning for annulments has increased tremendously.
Why is a formal tribunal process necessary for an annulment to be granted?
The Church assumes valid any marriage created by the consent of the two parties. If one or both parties are baptized Catholics, whose marriage was presided over by the Church, then that valid consent was previously declared sacramental; that is, it was given a sign by the community of God's faithful, fruitful, enduring love for them. The Catholic Church believes it has a responsibility to follow the words of Christ, both in teaching and in practice. Jesus gave a quite blunt answer to those who raised the issue of marriage and divorce. In the Gospel of Mark (10:11-12) he declared: “Whoever divorces his wife and marries another commits adultery against her; and the woman who divorces her husband and marries another commits adultery.”
In order for the Church to preside over/validate a marriage, she is responsible to assure there are no impediments to valid consent (in this case, former unions which have not been annulled).
Since only the Church can declare the validity of a previous marriage, only the Church can likewise find that the validity of a marriage was compromised at the time of the union. Since the original impediments were allegedly complicated (or else presumably the marriage would not have been presided over in the first place), a rather deep investigation and consideration by qualified church officials is necessary to set that sacramental recognition aside.
The marriage tribunals of the Church do not seek to assign blame for marriage breakup. They seek only to understand a failed marriage, and determine whether either or both partners lacked proper consent or the ability to carry out consent.
Does a Catholic who married outside the Catholic Church need an annulment to remarry in the Catholic Church?
If one was Catholic at the time of the marriage, but the marriage was conducted outside the Church, or there was no dispensation granted to marry outside the norms of the Catholic Church and the marriage was never convalidated, a declaration of nullity is to be obtained prior to remarriage. The petitioning process is significantly abbreviated in these circumstances and the tribunal returns to the petitioner a declaration of nullity. The individual is then free to marry in the Church or have a civil remarriage which has already taken place convalidated (blessed in the Church).
Does a previously married non-Catholic have to receive a declaration of nullity before marrying in the Catholic Church?
Yes. The Church teaches that a valid marriage is created by the true consent of the two parties. The Church recognizes the marriages of non-Catholics, respecting these marriages, regardless of where the parties exchanged their consent; the assumption is that the parties made their previous commitment in good faith, according to the dictates of their consciences at the time.
How can you require an intended spouse who is not a Catholic to endure this annulment process?
Such a requirement often represents an unpleasant challenge to Protestant, non-Christian or non-believing persons who wish to marry a Catholic after the civil termination of a previous marriage. They may have no personal difficulty with remarriage after divorce and even feel resentful about the prospects of a Roman Catholic formal annulment procedure. Admittedly, it may require an “act of love” for the non-Catholic spouse to complete this process, purely for the sake of the sacramental state of the Catholic spouse. But since the Catholic Church views all marriages with respect, it considers the marriages of non-Catholics to be binding in the eyes of God, unions covered by the words of Christ about divorce. The Church makes this presumption of validity, until or unless its Tribunal process rules otherwise. Consequently, it requires a Church annulment process to establish that an essential ingredient in the relationship was missing from the start of the previous marriage.
Once an annulment is granted, then what?
The petitioners may now celebrate a marriage in the Catholic Church or have an existing marriage “blessed” or recognized with the Church and return to the Sacraments.
What if an annulment is not granted?
First, there is a formal appeal process that may be pursued. Secondly, those denied an annulment should speak with the pastor about other options from that point.
How does a person apply for a declaration of nullity?
St. Lawrence parishioners who would like more information regarding annulments, are considering going through the process, or would like to start the process may contact Lise Galle who is a delegated Case Sponsor for the parish. Lise may be reached by email or phone at 251-928-5931 x105. Inquiries and the annulment process are confidential.
There are some who might not take the opportunity to inquire about the annulment process because of misinformation, misunderstanding, or fear about annulments. This Q & A series will hopefully help some take another look at annulments and help in removing barriers from receiving the sacraments of the Church.
This Q&A is not in any way intended to encourage divorce or separation. The hope is that through education of the Church’s teachings on marriage and annulments, those who have suffered divorce can be encouraged to strive to take the necessary steps to receive the sacraments.
Why does the Church teach that marriage is permanent?
Marriage is permanent because God's love is permanent. Christ’s love for His Bride, the Church, is free, faithful, fruitful, and total. God's love is never taken back. A couple should reflect seriously upon the meaning of their commitment, and take on those responsibilities only if they are prepared and intend to mirror God’s kind of love in their lives together.
Must two people remain in a marriage at all costs?
Church law states that if either of the spouses causes "serious danger of spirit or body to the other spouse or the children, or otherwise renders common life too hard," the spouses may separate (Code of Canon Law 1153.1).
The Church is always concerned that human life must be protected from things that would destroy it. If the marriage relationship is threatening the life or well-being of one of the parties or the children, or if the continuation of the relationship has truly become intolerable, then the Church reminds us of our responsibility to protect human life in all its forms (including the spiritual), and allows for the separation of the spouses.
Does the Church accept the results of a civil divorce?
The church teaches that no human power can dissolve the sacramental bond of marriage. Therefore, the Church does not recognize any civil authority over the marriage bond. However, in order that a person's civil rights can be protected and so that any children of a marriage can be provided for in an adequate manner, the Church teaches that divorce can be tolerated, if it is the only way that a person's rights can be protected. (Catechism of the Catholic Church 2382)
What is the status of a divorced Catholic in the Church?
Those who divorce are still considered members of the Church. Divorced persons (as long as they have not remarried without an annulment) may still be able to receive the Eucharist and the other sacraments. Moreover, Pope John Paul II urged all the faithful to help those who have divorced so that they do not consider themselves separated in any way from the Christian community. (see The Christian Family in the Modern World, n.83)
What is the status of a divorced Catholic who marries outside the Church?
A divorced Catholic who marries outside the Church is still considered a member of the Catholic Church. However, a Catholic who marries outside the Church may not receive the Eucharist or Reconciliation until they are either resolved to remain celibate or their current union is validated by the Church once an annulment is granted. This is for two reasons. First, according to Church law, Catholics must ordinarily marry before a priest or deacon and two witnesses in order for the marriage to be recognized by the Catholic Church. Second, by establishing a new union, the person is no longer giving witness to that unbreakable bond of love. Objectively they are living in a way that contradicts the Church's teaching about the sacramentality of marriage, and are violating the previous marriage bond (if is not indeed null).
What about a Catholic who marries a divorced person?
The same answer would apply. The Catholic party cannot receive the sacraments of Eucharist and Reconciliation.
How does a person re-marry in the Catholic Church?
There are two principal ways that a person may re-marry in the Catholic Church: if their previous marriage is dissolved, or if it is declared null from the beginning.
What does it mean to dissolve a marriage?
Non-sacramental marriages in which at least one of the parties was unbaptized during the entire course of the marriage can be dissolved in certain circumstances through either the Pauline Privilege or the Privilege of Faith.
What does it mean to declare a marriage null?
A declaration of nullity, (an annulment), means that something essential to the marriage was lacking at the time the parties exchanged consent. Thus, while the parties believed they were giving valid consent to their marriage, something was missing which prevented a true (valid) marriage bond from being formed at that time.
What could be missing in the parties consent?
For Catholics, it could be that the parties did not marry according to the laws of the Catholic Church. In other situations, it could be that the parties' consent itself was lacking in some way. In some situations it could be that one or both parties might not have had the necessary maturity or the psychological capacity for marriage. In other situations, it could be that an essential element of marriage was lacking in the person's consent. That is, at the time of the marriage, the person did not intend permanence, fidelity, or children as part of their marital commitment. It could also be that a person's understanding of marriage itself of or of the person they were marrying was lacking, such that they truly did not have sufficient knowledge about what they were doing. These are called "grounds" for challenging the validity of the marriage bond. The case sponsor or procurator assisting with the annulment process can help determine possible ground.
If a declaration of nullity is given, does it mean the marriage never existed?
A civil contract certainly existed. A declaration of nullity means that what did exist between the parties was not what the Church means when it speaks of marriage.
If a declaration of nullity is given, are both parties free to marry?
Yes. However, the Tribunal can recommend or require counseling before a subsequent marriage (and sometimes before convalidation of a present marriage), to ensure the problems experienced in the pervious marriage do not carry over into a new union.
If a declaration of nullity is given, does it mean the children are illegitimate?
No. Church law specifically provides (Code of Canon Law 1137) that even if a marriage is declared null, the children born of the marriage are still considered legitimate.
Why are so many more annulments granted than used to be?
While carefully protecting Jesus' teaching of the sacredness of marriage, the Church also is obliged to provide justice for anyone whose marriage has failed, when it can be shown with moral certainty that the marriage lacked from its onset some essential element for a true marital bond. Pope Paul VI noted that delayed justice is injustice, and during the 1970’s and 80’s, the annulment procedures were streamlined. Besides changes in the norms of handling, diocesan tribunals were given authority to try cases that previously would have gone to Rome.
The Church has recognized for some time that psychoses, disintegrative mental illnesses such as schizophrenia and manic depression could so impair mental and emotional stability that one's consent to marriage lacked the necessary discernment or capacity. But more recently, using further psychological insights, the Church now also acknowledges that other dysfunctions of personality may render a particular marriage covenant impossible. These can include (but are not limited to): alcoholism, anxiety, depression, and related conditions, personality disorders and post-traumatic or post-abuse stress. It is not unusual that signals of problems were evident before the marriage, but simply denied by the other party, or glossed over with the unwarranted hope that marriage would change the partner. The Church recognizes that at the time of marriage, the mental ability for cooperation, compromise and communication is essential for any deep interpersonal relationship.
These revisions have now been made part of the 1983 Code of Canon Law, which also acknowledges the continued necessity for a just procedure in marriage cases and the deep needs of those whose lives have been touched by divorce. With these reforms in place, the number of those petitioning for annulments has increased tremendously.
Why is a formal tribunal process necessary for an annulment to be granted?
The Church assumes valid any marriage created by the consent of the two parties. If one or both parties are baptized Catholics, whose marriage was presided over by the Church, then that valid consent was previously declared sacramental; that is, it was given a sign by the community of God's faithful, fruitful, enduring love for them. The Catholic Church believes it has a responsibility to follow the words of Christ, both in teaching and in practice. Jesus gave a quite blunt answer to those who raised the issue of marriage and divorce. In the Gospel of Mark (10:11-12) he declared: “Whoever divorces his wife and marries another commits adultery against her; and the woman who divorces her husband and marries another commits adultery.”
In order for the Church to preside over/validate a marriage, she is responsible to assure there are no impediments to valid consent (in this case, former unions which have not been annulled).
Since only the Church can declare the validity of a previous marriage, only the Church can likewise find that the validity of a marriage was compromised at the time of the union. Since the original impediments were allegedly complicated (or else presumably the marriage would not have been presided over in the first place), a rather deep investigation and consideration by qualified church officials is necessary to set that sacramental recognition aside.
The marriage tribunals of the Church do not seek to assign blame for marriage breakup. They seek only to understand a failed marriage, and determine whether either or both partners lacked proper consent or the ability to carry out consent.
Does a Catholic who married outside the Catholic Church need an annulment to remarry in the Catholic Church?
If one was Catholic at the time of the marriage, but the marriage was conducted outside the Church, or there was no dispensation granted to marry outside the norms of the Catholic Church and the marriage was never convalidated, a declaration of nullity is to be obtained prior to remarriage. The petitioning process is significantly abbreviated in these circumstances and the tribunal returns to the petitioner a declaration of nullity. The individual is then free to marry in the Church or have a civil remarriage which has already taken place convalidated (blessed in the Church).
Does a previously married non-Catholic have to receive a declaration of nullity before marrying in the Catholic Church?
Yes. The Church teaches that a valid marriage is created by the true consent of the two parties. The Church recognizes the marriages of non-Catholics, respecting these marriages, regardless of where the parties exchanged their consent; the assumption is that the parties made their previous commitment in good faith, according to the dictates of their consciences at the time.
How can you require an intended spouse who is not a Catholic to endure this annulment process?
Such a requirement often represents an unpleasant challenge to Protestant, non-Christian or non-believing persons who wish to marry a Catholic after the civil termination of a previous marriage. They may have no personal difficulty with remarriage after divorce and even feel resentful about the prospects of a Roman Catholic formal annulment procedure. Admittedly, it may require an “act of love” for the non-Catholic spouse to complete this process, purely for the sake of the sacramental state of the Catholic spouse. But since the Catholic Church views all marriages with respect, it considers the marriages of non-Catholics to be binding in the eyes of God, unions covered by the words of Christ about divorce. The Church makes this presumption of validity, until or unless its Tribunal process rules otherwise. Consequently, it requires a Church annulment process to establish that an essential ingredient in the relationship was missing from the start of the previous marriage.
Once an annulment is granted, then what?
The petitioners may now celebrate a marriage in the Catholic Church or have an existing marriage “blessed” or recognized with the Church and return to the Sacraments.
What if an annulment is not granted?
First, there is a formal appeal process that may be pursued. Secondly, those denied an annulment should speak with the pastor about other options from that point.
How does a person apply for a declaration of nullity?
St. Lawrence parishioners who would like more information regarding annulments, are considering going through the process, or would like to start the process may contact Lise Galle who is a delegated Case Sponsor for the parish. Lise may be reached by email or phone at 251-928-5931 x105. Inquiries and the annulment process are confidential.