Questions:

1. What is the Church's teachings about marriage?
   
   
2. What about those who are divorced?
   
   
3. How can the Church declare marriages invalid when the Scriptures tell us that no one can separate what God has joined?
   
   
4. What is an annulment?
   
   
5. How is the formal annulment process initiated?
   
   
6. How much does it cost to seek an annulment?
   
   
7. What are some grounds for a church declaration of invalidity?
   
   
8. If I seek an annulment, does my former spouse need to be contacted?
   
   
9. What are the rights of the parties under Church law?
   
   
10. How is a decision reached?
    
    
11. Is the decision of the Diocese of Venice final? Can it be appealed?
    
    
12. How long does an annulment process take?
    
    
13. Do previous marriages of non-Catholics and unbaptized persons need to be declared invalid before these persons can be married in the Catholic Church?
    
    
14. Once the former marriage has been declared invalid by two courts, are the parties free to marry?
    
    
15. If a marriage is declared invalid, what is the status of the children?
    
    
16. May a non-Catholic (baptized or unbaptized), married previously or presently married to a spouse who was married previously, enter the RCIA Program (Rite of Christian Initiation of Adults)?
    
    
17. Other questions relating to marriage.

Answers:

1. The Church teaches that marriage is an intimate partnership of life and love, established by the Creator and endowed by Him with its own proper laws; it is rooted in the contract of its partners, that is, in their irrevocable personal consent. The matrimonial covenant, by which a man and a woman establish between themselves a partnership for the whole of life, is by its nature, ordered toward the good of the spouses and the procreation and education of children. This covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament. (Luke 16:38, Mark 10:1-12, Matthew 5:32-32 and 19:3-9). Through the sacrament of marriage the grace of God allows the individuals who have freely gifted themselves to each other to be transformed and sanctified; the two become one. In a sacramental union, the love the two share manifests the love of Christ to the larger community. While not every marriage is a sacrament, each and every marriage (Catholic, Protestant, Jewish, non-believer, etc.) Is presumed to be a valid or binding marriage.

   The Catholic Church has requirements for its recognition of the religious bond of marriage. These are based on the Gospel and sacred tradition. Not every external expression of consent uniting the partners gives rise to the sacred bond of marriage, as it is understood by the Church. However, the presumption as to the creation of the bond and validity of a marriage is upheld until the contrary is proven. (Canon 1060)

   Up to FAQ Index

2. What about those who are divorced?

   Marriage has increasingly been challenged by radical changes in the modern world. The collapse of the marital union and pain of divorce is, for most people, both tragic and traumatic. The Catholic Church is aware of the suffering of those experiencing divorce, and in fidelity to the message of the Gospel, seeks to bring them healing. Regrettably, because of the church's teaching on the indissolubility of marriage, Catholics who are divorced often feel unwelcome in the Church. Divorced and divorced/remarried Catholics are NOT excommunicated from the Church. Catholics who are divorced are encouraged to continue to participate in the sacramental life of the Church. Those who have been divorced and remarried outside the Church are in a different position regarding sacramental participation, especially concerning the reception of Holy Communion. They are highly encouraged to continue fulfilling their obligation to Sunday Mass and all other obligations of the faith which became part of their lives at baptism. They should also seek pastoral guidance to explore whether there may be grounds to obtain a declaration of matrimonial invalidity (annulment) as to their prior union.

   Up to FAQ Index

3. How can the Church declare marriages invalid when the Scriptures tell us that no one can separate what God has joined?

   The Scriptures and Church teaching tell us that a valid marriage creates a bond which is to last until death. For the church to declare such a marriage invalid would be a violation of divine law. Since marriages often fail, however, with one or both parties wanting to remarry, a legitimate authority is needed to determine whether the marriage simply broke down for a variety of reasons or whether it failed because an impediment was present from the beginning which prevented the marriage from becoming a true and certainly valid union. That authority, for its own members and for those who wish to marry in it, is the Catholic Church. It claims the authority to declare certain unions invalid because the validity of marriage is only a presumption of law, albeit a very strong presumption. This presumption can be overturned if proof or evidence is presented from which a Tribunal judge can conclude with moral certitude that the original union did not in fact comport with the Church's interpretation of a valid marriage.

   Up to FAQ Index

4. What is an annulment?

   A decree of the Church determining a specific marriage invalid or non-binding under church law is commonly called an annulment. It does not deny the existence of the relationship or "undo" anything, but concludes that the requisites for what the Church understands as marriage, were lacking from the beginning. There are three types of annulment:

   1. Lack of canonical form: The law identifies certain requirements to recognize marriage as valid or binding. An example in civil law would be the requirement of a marriage license or that the marriage be witnessed by an authorized minister or notary. Canon law contains similar technical requirements, imposing on Catholics the obligation to be married before a properly delegated priest or deacon and two witnesses according to the rites of the Catholic Church. Generally, if a Catholic does not marry according to the canonical form (or receive a dispensation/permission from the Bishop for the lack of proper form), the marriage is not valid or non-binding under Church law, whether it lasted one year or fifty years. Annulments based on a lack of form require limited proofs and generally take less than a month.
      
      
   2. Impediment to Marriage: Canon law, like civil law, identifies certain impediments to a valid or binding marriage. Examples would include parties who do not satisfy minimum age requirements, are too closely related by blood, or who may be bound by a prior marriage (ligamen), etc. The church cannot recognize the remarriage of a person during the lifetime of the former spouse, because despite the civil divorce the church presumption as to the validity or binding nature of the marriage stands until proven otherwise before an ecclesiastical tribunal. Should a person attempt marriage in the Catholic Church under an impediment, he/she would marry invalidly.
      
      

   3. Formal Case/Defect of Consent: In a formal case, all of the external or technical requirements for marriage appear to have been satisfied. The issue is whether some element which the church understands to be intrinsic and essential to the formation of the marital covenant, was omitted or excluded by one or both of the parties at the time of consent. In such a case, a true communion of life and love consistent with the church's understanding of this sacred vocation is impossible. The formal case requires an examination of the intent and capacity of both parties through a background investigation, witnesses and other proofs, and is much more involved and lengthy. Questions and Answers as to the formal case are identified on this web site.
      
      

   Up to FAQ Index

5. How is the formal annulment process initiated?
   
   
   1. Who can file?

      Any divorced Catholic, or any divorced person remarried to a Catholic, or intending to become a Catholic, has the right to ask or petition a competent tribunal to investigate the validity of his/her previous marriage. The party filing the petition is referred to as the Petitioner. The other party, referred to as the Respondent, must be informed and his/her participation sought and rights observed. The failure of the Respondent to consent to the petition will not prevent its acceptance by the Church.

   2. What type of information is necessary for the application?

      The application requires personal background information, supporting documentation such as baptismal and marriage certificates, the judgment of divorce, along with a sufficient account of the marital history to suggest why this may not be a true marriage. The application includes questions relating to the family and educational background of each party, the dating and engagement period, the wedding day itself and honeymoon, a description of the couple's life together in the marriage and the circumstances leading to separation and divorce. The Petitioner will also be asked to identify witnesses who knew both parties during the courtship, at the time of marriage, or in the early years of the marriage. Ideally, the application should be completed with a priest or other pastoral minister.

   3. When to file?

      An application may be submitted any time after the final judgment of divorce but, parties are encouraged to wait at least six months following divorce.

   4. Where to file?

      Generally, a party may petition for marital invalidity in four places: 1) the tribunal of the diocese in which the marriage was celebrated; 2) the tribunal of the diocese in which the Respondent or non-petitioning party resides, 3) the tribunal of the diocese in which the Petitioner resides; or 4) the tribunal in which a majority of the proofs are located.

   Up to FAQ Index

6. How much does it cost?

   The tribunal is subsidized by the faithful of the Diocese of Venice. The Petitioner is responsible for a $100.00 application filing fee and is asked to cover the tribunal processing cost in the amount of $550.00. One's ability to pay, even a little, does not affect the acceptance of the petition or the final decision. The fee can be waived or reduced as required. Fees are required to meet administrative costs connected with the work of the Tribunal, such as mailing costs, salaries of priest and lay staff, telephone, stationery, computers, etc.

   Up to FAQ Index

7. What are some of the recognized grounds for a declaration of church invalidity/annulment?

   If the Tribunal accepts the Petition, it means that legal reasons (grounds) appear for advancing a challenge to the validity of the marriage. The burden of proof rests with the Petitioner. Some of the grounds recognized by the Church for study are found in Canons 1095-1103 and include:

   • exclusion of one of the goods of marriage, such as the right to children, a permanent commitment or fidelity;
     
     
   • inability to freely assume, appreciate or fulfill the essential obligations of marriage due to mental illness or serious psychological or addictive disorders;
     
     
   • conditional consent to a marriage, e.g. I'll stay married so long as I am happy;
     
     
   • fraud or deceit to elicit spousal consent
     
     
   • grave force or fear.

   It is not possible to list or adequately explain all of the possible grounds for nullity under church law, but if you respond "yes" to any of the following questions, you may wish to obtain further information about possible grounds:

   1. Were both parties free to enter into marriage, e.g. no outside pressures, no prior bond of marriage?
      
      
   2. Did each party intend from the beginning to accept and fulfill God's plan for marriage as taught by the Church, intending fidelity, permanence and open to children?
      
      
   3. Did each party have the physical, emotional and/or psychological ability to live out the consent given to marriage?

   Up to FAQ Index

8. If I seek an annulment, does my former spouse have to be contacted?

   Church law requires that the former spouse be contacted, informed of his/her rights and encouraged to participate. While the former spouse does not always participate, failure to inform the Respondent is a denial of the right to defense, which negates the entire process, as well as any decision. In the event the address of the spouse is unknown, this should be explained to the priest or deacon at the time the application is completed. While the current address of the former spouse may not be known, the address of a former spouse's family member or a friend may be used. The Tribunal will seek the cooperation of the family member or friend to ensure the former spouse receives the correspondence.

   Up to FAQ Index

9. What are the rights of the parties under Church law?

   Canon law requires certain rights that must be extended to the Petitioner and the Respondent, including:

   1. the right to be informed of the grounds and to object to the grounds or propose other grounds;
      
      
   2. the right to be represented by a Procurator/Advocate (a priest, deacon or approved pastoral minister who represents the party before the Tribunal)
      
      
   3. the right to offer testimony (in writing and/or in a taped interview);
      
      
   4. the right to offer witnesses (relatives, friends, counselors who are asked to complete a questionnaire.);
      
      
   5. the right to review the "Acts" or information submitted in support of the grounds and offer rebuttal;
      
      
   6. the right to review the sentence/decision of the tribunal; and
      
      
   7. the right to appeal the sentence/decision to the Archdiocese of Miami or the Roman Rota.
      
      

   The rights of BOTH parties must be defended and protected by the Tribunal.

   Up to FAQ Index

10. How is a decision reached?

    When the information gathering phase of the annulment process (testimony of parties and witnesses, etc.) is completed, the parties and their appointed Advocates are informed and given 15 working days in which they might review the evidence and offer additional observations. The case is then forwarded to the Defender of the Bond, who is required to argue for the validity of the marriage and to ensure that the rights of both parties have been respected. The appointed Judge(s) make the final decision (renders a "sentence") after a thorough study of the material in the case.

    The decision may either be affirmative or negative. An affirmative decision means the marriage is declared invalid or non-binding under church law, but such a decision must be confirmed by the appellate tribunal before it is effective. A negative decision means the invalidity of the marriage has not been established. Therefore, the marriage still binds the parties in the eyes of the church.

    Up to FAQ Index

11. Is the decision of the Diocese of Venice final? Can it be appealed?

    Church law recognizes the right to appeal a decision. If a negative decision is rendered, the Petitioner has the right to appeal. If the Petitioner does not appeal, the decision is final after thirty days. An affirmative decision may be appealed by the Respondent and the Defender of the Bond. However, if neither pursues a formal appeal, the decision must nonetheless be reviewed by an appellate tribunal, as church law requires that any affirmative decision of this Tribunal be reviewed by an appellate tribunal. Appeals are generally heard by the Metropolitan Tribunal of the Archdiocese of Miami, but an appeal may also be made to the Apostolic Tribunal of the Roman Rota.

    Up to FAQ Index

12. How long does the annulment process take?

    It is impossible to predict the length of time. Every case is different. On average, it takes approximately nine to twelve months for the Diocese of Venice to review the written information, schedule formal interviews of one or both parties, cite and await the return of witness questionnaires, draw the case to conclusion and render a definitive sentence on a formal petition for nullity. The process is often delayed unnecessarily due to failure of witnesses to timely return questionnaires. The length of the appeal process varies dramatically depending upon the choice of forum.

    NO DATE SHOULD BE SET OR PLANS MADE FOR MARRIAGE UNTIL THE ENTIRE ANNULMENT PROCESS IS COMPLETED.

    Up to FAQ Index

13. Once the former marriage has been annulled or declared non-binding by two church courts, are the parties free to marry?

    A decision declaring the invalidity of the marriage frees both parties from the binding force of that former marriage. However, the decision in and of itself does not necessarily mean that one or both parties are also free to marry again. Much depends upon the canonical grounds used by the Tribunal to declare the marriage invalid. Thus, if the marriage was declared invalid because both parties excluded the right to children and neither changed his/her attitude, neither would be permitted to remarry because one of the essential ends of marriage continues to be excluded by a positive intention. In many situations, the Tribunal decision cautions against or even prohibits remarriage for one or both parties. If it appears likely, in the mind of the Tribunal judge, that the same factors which caused the previous union to be declared invalid continue to exist at the time of the subsequent marriage a vetitum (prohibition) may be placed on one or both parties. In such a situation, the judge may recommend or even require serious preparation and professional counseling before a subsequent Church marriage is permitted.

    Up to FAQ Index

14. If the church declares the marriage invalid, what is the status of the children?

    The church annulment in no way negates or denies the fact that a valid civil marriage existed between the parties. The declaration of invalidity by the Church has no civil effects and therefore has no effect on the legitimacy of children born to the couple. A church declaration of invalidity affects only the marital status of the parties themselves. It is clearly stated in Canon 1137 that any child born of a marriage believed at the time to be valid, is regarded by the Church as legitimate.

    Up to FAQ Index

15. Do previous marriages of non-Catholics and unbaptized persons need to be declared invalid before these persons can be married in the Catholic Church?

    Long before the advent of Christianity, the inspired Word of God contained in the Old Testament speaks to the sacred, and covenental nature of marriages of the unbaptized. Thus, such marriages are considered as lasting and binding as are the marriages between baptized persons. The same is true for the marriages of baptized non-Catholic Christians, and, in fact, even more so, since such marriages are also sacramental. Whenever a person wishes to marry in the Catholic Church and there has been a previous marriage, there must be an examination as to whether that bond is valid or binding under church law.

    There are separate procedures in cases in which one or both of the parties to the previous marriage were unbaptized. These are called Privilege cases.

    Up to FAQ Index

16. May a non-Catholic (baptized or unbaptized), married previously or presently married to a spouse who was married previously, enter the RCIA Program (Rite of Christian Initiation of Adults)?

    Such a person may participate in the program. If he/she has no present intention to remarry, the person may be admitted to the Easter Sacraments. However, unless and until the prior marriage would be declared invalid, a subsequent marriage in the Church could not be celebrated. If the non-Catholic who wishes to enter the RCIA program is remarried, he/she may be admitted to the program, but would generally be excluded from the Easter Sacraments until any prior marriage by the non-Catholic and his/her current spouse is declared invalid. To minimize any problems, the Administrator of the RCIA program should be given notice of any and all prior marriages as soon as possible.

    Up to FAQ Index

17. Other questions relating to marriage:
    1. Can a Catholic marry a non-baptized person?
       
       Yes. But the Catholic party must request and receive a dispensation for this from the bishop. The dispensation is requested through your local parish.
       
       
    2. Can a Catholic be married before a protestant minister or before a rabbi?
       
       Yes. The Catholic party must request and receive a dispensation for this from the bishop. The dispensation is requested through your local parish.
       
       
    3. Does the wedding ceremony have to be in a church?
       
       Marriages are to be celebrated within a church or chapel. If one of the parties is Jewish, the wedding may be held in another indoor location for the sake of family harmony. The bishop does not grant the permissions for weddings to be held outside; e.g., gardens, beaches, on boats, etc.
       
       
    4. How long is the preparation for marriage in the Diocese of Venice?
       
       Normally the minimal preparation required for marriage is six months. This preparation period may be longer or shorter depending upon the couple. If you are beginning to think of planning a wedding, contact your local parish office from the start. Remember, a wedding is a day. Marriage is for a lifetime.
       
       

Up to FAQ Index