Department of Canon Law/Diocesan Tribunal
Frequently Asked Questions:
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1.
What is a declaration of nullity? A
declaration of nullity (sometimes referred to as an "annulment" or a
"declaration of invalidity") is a statement by the Catholic Church that at
the time two people exchanged marital consent,
there was something essential missing that prevented a valid marriage bond
from being formed. The three essential things that are necessary for valid
marital consent are; the capacity of the parties for making such a
commitment and fulfilling the obligations of marriage, their intention to
enter into marriage as the Church understands marriage, and their knowledge
both of marriage itself and of the person they are marrying.
Most marriages are entered into validly. But when there is a serious
deficiency in any one of these three areas, the marriage is considered
invalid. This is not a moral judgment on the parties themselves, since many
times both parties exchanged their consent with the best of intentions. Nor
is it a process that seeks to lay blame on one or other of the parties for
the failure of the marriage. Rather, a declaration of nullity is a statement
of fact concerning the marriage bond itself.
2.
Who needs a declaration of nullity?
The Catholic Church teaches that it is the consent of the parties that
creates the marital bond. Therefore, whenever two people have exchanged
marital consent, the Church has to look into the matter to see if a valid
marriage bond has been formed. This is regardless of whether the parties
were Catholic or non-Catholic, baptized or non-baptized, married in a
religious ceremony or married in a civil ceremony. If a person has been
married and divorced more than once, additional inquiries will need to be
made.
3.
Who can apply for a declaration of nullity?
Either party to the marriage can apply for a declaration of nullity.
However, before the Church can consider a case, it must be clear that there
is no possibility for reconciliation between the parties. A civil divorce is
considered sufficient proof that the parties cannot be reconciled. If the
parties got married in a country that 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.
4.
What marriages are considered valid by the Catholic Church?
In considering whether a marriage bond is valid, the Church looks at five
things: the form of the marriage, the freedom of the parties, their capacity
for entering into marriage, their knowledge of marriage and of each other,
and their intentions in entering into marriage. A marriage could be declared
invalid if something is lacking in any one of these areas.
5.
What is meant by the "form of marriage"?
This refers to marriages of members of the Catholic or Orthodox Churches. In
order for the marriages of Catholics or the Orthodox to be considered valid
by the Catholic Church, they must take place in a certain way. For
Catholics, this means the consent of the parties must be exchanged in the
presence of a Catholic priest or deacon who has the necessary jurisdiction,
and in the presence of two witnesses. (At times, and for sufficient reason,
the Catholic party can obtain a dispensation so that, if they are marrying
someone who is not Catholic, their marriage can take place in another
religious setting.) For the Orthodox, their marriages must take place in the
Orthodox Church with the blessing of the priest.
It is only members of the Catholic and the Orthodox Churches who have to
marry in a certain way. All others - whether baptized or not - when they
marry among themselves can marry in whatever way they choose and have it
recognized by the Catholic Church as a valid marriage. This is because the
Church believes that it is the consent of the parties that creates the
marriage bond. We can make further demands upon members of the Catholic
Church as to how their marriages are celebrated, and we recognize the
requirements of the Orthodox Church for the celebration of marriage, but we
cannot place those same requirements on those who are not members of our
faith community. 6. How is a marriage declared invalid for a
"lack of canonical form"?
Marriages of Catholics or the Orthodox that are invalid because of lack of
proper form can be declared invalid through an administrative process. This
normally takes place when one of the parties wants to enter into a
subsequent marriage. The request for an administrative declaration of
nullity is normally sent in by the parish priest with the rest of the
marriage papers. The parish priest should fill out a form called "Petition
for Declaration of Nullity for Marriage Attempted Outside the Church," and
submit it to the Tribunal Office, along with a recently issued baptismal
certificate of the Catholic or Orthodox party, a copy of the marriage
license and final decree of divorce from the previous marriages. A
typical administrative declaration of nullity in the Diocese of Oakland
would take about three weeks to obtain, once the necessary papers have been
sent to the Tribunal Office.
7.
What is meant by "canonical freedom to marry"?
In order to marry validly in the Catholic Church, each party must be free
from any canonical impediments. "Impediments" are things that disqualify a
person from marrying. Some of these impediments are considered to be of
divine law, and therefore cannot be dispensed by the Church; while others
are considered to be of merely ecclesiastical law, and therefore do not bind
those who are not members of the Catholic Church, or can be dispensed for
those who are members of the Catholic Church.
The canonical impediments are found in canons 1083 to 1094 of the 1983 Code
of Canon Law. They prohibit marriages of people who are under a certain age
(c. 1083), who suffer from perpetual impotence (c. 1084), who are held to a
prior bond of marriage (c. 1085), who have not been baptized (c. 1086), who
are in holy orders (c. 1087) or have made their perpetual religious vows (c.
1088), who have committed certain actions (canons 1089 and 1090), or who are
related in a certain way (canons 1091 to 1094). 8. How is a marriage declared invalid because
of a "lack of canonical freedom to marry"?
The process that is followed in these cases is called a "summary judicial
process." It involves gathering the necessary documents and other
information that demonstrate that a canonical impediment existed at the time
of the marriage and that it had not been dispensed; contacting the other
party to see if that person has any objection to the documents that have
been presented; and then having a tribunal judge determine whether indeed
there was an un-dispensed canonical impediment present at the time the
parties exchanged consent. A
typical case involving the summary judicial process in the Diocese of
Oakland takes approximately nine months to complete. This is not a guarantee
that a specific case will be done in this time period, as each case is
handled individually and the processing time varies greatly from case to
case. The case is begun in your local parish by filling out a "Tribunal
Application" form with a priest, deacon, or other pastoral minister.
9.
What does the ground of "an incapacity
to assume marital obligations" mean?
The canonical ground of nullity comes from the following canon in the 1983
Code of Canon Law: c. 1095§3 – “The following are incapable of contracting
marriage: those who are not able to assume the essential obligations of
marriage for causes of a psychic nature.” This canon refers to the fact that to consent to marriage a
person must be capable of assuming and carrying out the essential
obligations of marriage. The
inability to assume the obligations of marriage here must be due to a
‘psychic’ nature.
This ‘psychic’ or psychological inability is not limited to a
psychological illness, but is much broader. It is any disorder or disturbance
of the human mind which if sufficiently severe can prevent a person from
assuming the essential obligations of marriage. Some examples of non-psychological
“illnesses” which are often included in this area are victims of abuse,
alcoholics, and ‘adult children of alcoholics’.
10.
How is a marriage declared null because of “an
incapacity to assume marital obligations”? The Catholic Church comes to a decision about
these cases through a formal judicial process, which is described below. The
case is begun in your local parish by filling out a "Tribunal Application"
form with your priest, deacon, or other parish minister. 11.
What is meant by "lack of reason" in entering into marriage? The canonical ground of nullity comes from the
following canon in the 1983 Code of Canon Law:
c. 1095§1 – “The following are incapable of contracting marriage… those who
lack the sufficient use of reason” This canon states that
those who lack the use of reason together – as well as those who suffer from
a ‘sufficient’ use of reason are incapable of contracting marriage.
When a disruption of the psychological processes involved in forming the
human act are seriously impeded, the person is deprived of any meaningful
deliberation concerning their personal capacity for entering into the
marital commitment. The mental impairment here must be
relatively severe and pervasive in its effect. The cause can be a habitual disorder
such as a psychosis or severe mental retardation, or could possibly be a
transient disturbance such as a serious trauma. It could also be something as simple as
the person being incapacitated at the marriage due to drug or alcohol
intoxication. 12. How is a marriage declared null because of
"lack of reason" for marriage?
The Catholic Church comes to a decision about these cases through a formal
judicial process, which is described below. The case is begun in your local
parish by filling out a "Tribunal Application" form with your priest,
deacon, or other parish minister.
13.
What is meant by "Total Simulation" or “Partial Simulation” for
entering into marriage? These canonical grounds of nullity come from
the following canons in the 1983 Code of Canon Law: c.
1101§1 – “The internal consent of the mind is presumed to conform to the
words and signs used in celebrating the marriage.” c.
1101§2 – “If, however, either or both of the parties by a positive act of
the will exclude marriage itself… the party contracts invalidly.” This canon refers to the fact that a person may be simply “going
through the motions” at the time of the marriage, not truly intending to get
married, which invalidates the marriage. This is called ‘simulation’ – when a
person desires to enter into marriage, or to, at least, go through the
marriage ceremony, to enjoy certain benefits of marriage, but intends
marriage in such a distorted for that the object of consent is not really
marriage. A classic example of this is a “green
card” marriage, where the parties are going through the actions of the
marriage but have no intention of being married. They entered the marriage to obtain the
“green card”, not to be married, and thus the marriage was invalid.
There are several other examples of this simulation that are not found as
often: an example would be when a person enters into the marriage excluding
the essential property of unity (reserves the right to have more than one
spouse – found in “Mormon” marriages). An intention against the good of children
In
partial simulation a person may want marriage but marriage on one’s own
terms and devoid of an essential property of marriage. Since simulation involves a positive
act of the will, simulators must be aware, at least in an
basic way, of what they are intending, but they need not be aware of the
invaliding effect of their intentions.
Whether a particular marriage actually gives rise to children is, in some
measure, beyond the control of the spouses.
The failure to have children does not in itself invalidate consent, but
the exclusion of the right to potentially procreative acts does invalidate
consent. Exclusion of marriage’s
ordination to the procreation and education of offspring occurs when a
spouse reserves to him or herself the right to
determine whether, when and under what circumstances conjugal relations will
be open to the procreation of children. Usual examples of this include:
The right to acts per se apt for the generation of child is excluded
absolutely
The right to such acts is limited, even for a time
The exclusion of the right, even for a time, is made a condition for
marriage
The exclusion of the right is implicit in the exclusion of children from the
marriage
The right to conjugal acts is limited to contraceptive acts only An intention against the good of fidelity
In
partial simulation a person may want marriage but marriage on one’s own
terms and devoid of an essential property of marriage. Since simulation involves a positive
act of the will, simulators must be aware, at least in an
basic way, of what they are intending, but they need not be aware of the
invaliding effect of their intentions.
As fidelity in the marriage covenant is one of the essential properties
of marriage, to exclude this is to contract the marriage invalidly. There
are many ways by which the right of fidelity can be removed: Through direct
exclusion of the right itself. Through the attachment to consent of a
condition contrary to the obligation of fidelity. Through the concession of the right to
the conjugal acts to a third person.
Through a conviction about the impossibility for frail human nature to
observe this. Through the intention to commit adultery which prevails over
the intention of giving and accepting the obligation of fidelity. It
should be noted that the fact that fidelity being violated during a marriage
does not dissolve the marriage.
Entering the marriage while refusing one’s spouse the right to a
faithful relationship excludes the good of fidelity and invalidates the
person’s consent. However, if
there is a history of adulterous relationships prior to the marriage, which
continued through the marriage, this would be good evidence that there was
some rejection of fidelity at some level in the adulterer’s psyche. An intention against the good of permanence
In
partial simulation a person may want marriage but marriage on one’s own
terms and devoid of an essential property of marriage. Since simulation involves a positive
act of the will, simulators must be aware, at least in an
basic way, of what they are intending, but they need not be aware of the
invaliding effect of their intentions.
As permanence (or indissolubility) in the marriage covenant is one of
the essential properties of marriage, to exclude this is to contract the
marriage invalidly. The
increased availability of civil divorce and the increased willingness of
people, including Catholics, to avail themselves of
this option, has led to a general mindset in the United States that divorce
is acceptable. This mindset is
contrary to the teaching of the Church, and those who hold this entering
into marriage enter into the marriage covenant invalidly. To
exclude the good of permanence, people need not be aware of the Church’s
teaching on the indissolubility of marriage or of the invalidating effect of
their intention or desire or even anticipate that the marriage will fail.
What is essential is that they reserve the right to terminate the
relationship either at will or if a particular circumstance occurs. A
person who knows the Church’s teaching on marriage but consciously rejects
it as ‘old fashioned’ or too demanding’ and marries with the understanding
that he has the option of dissolving the bond and recovering his former
status of full freedom to enter marriage explicitly excludes indissolubility
from his consent.
A person that holds that they have the right to seek the divorce if
some circumstance is reached in his or her marriage also enters the marriage
invalidly
14.
How is a marriage declared null because of "Total Simulation" or
“Partial Simulation”?
The Catholic Church comes to a decision about these cases through a formal
judicial process, which is described below. The case is begun in your local
parish by filling out a "Tribunal Application" form with your priest,
deacon, or other parish minister.
15.
What is the "formal judicial process"?
The "formal judicial process" is a legal process in the Catholic Church
governed by the Code of Canon Law. It has no civil effects within the United
States, since its sole purpose is to determine whether a person is
considered free to enter into marriage in the Catholic Church. It does not
affect a person's relationship to civil society, or to any other
organization other than the Catholic Church.
Because it is a legal process, it follows certain steps. It also is designed
to respect the rights of both parties, and allow both parties to have their
say. Its purpose is to uncover the truth about a particular relationship,
and then to see how that relationship measures up against the
Church's understanding of marriage.
16.
What steps are involved in the "formal judicial process" in the
Diocese of Oakland?
The process begins with one of the parties to the marriage petitioning the
Metropolitan Tribunal to determine whether their marriage is considered to
be valid in the eyes of the Church. This is done by filling out a "Tribunal
Application" with a priest, deacon, or other pastoral minister in your
parish. If you live outside the Diocese of Oakland (Alameda and Contra Costa
Counties), but were married here or your former spouse lives here, you can
obtain a Tribunal Application by contacting your local Parish, who will in
turn contact us for the correct form.
The remainder of the process can be diagrammed as follows:
Screening of Application by Tribunal ·
Does the Diocese of Oakland have
jurisdiction? (If the marriage took place
in the Diocese or if the other party lives here, the Oakland Tribunal has
jurisdiction over the case. If only the petitioner lives here, we can seek
permission, under certain conditions, to hear the case from the place where
the other party lives.)
Personal written testimony of Petitioner ·
Description of relationship with
former spouse ·
Description of Petitioner's family
history ·
Description of former spouse's
family history ·
Names and addresses of people who
will describe what they saw in the two parties and in the relationship
Presentation of Petition to the Tribunal – done through the local parish
Acceptance or Rejection of the Petition ·
If petition is accepted,
notification of both parties ·
Request that the former spouse
participate
Gathering of testimony ·
Written testimony of witnesses ·
Oral or written testimony of the
former spouse, if willing to participate ·
Possible meeting with the Judge ·
Possible meeting with Tribunal
Psychologist ·
Counseling records, if available
Conclusion of the case ·
Reading of testimony, if desired,
before the Judge at the Tribunal Office ·
Opinions of Advocates, if any
appointed ·
Opinion of the Defender of the
Bond ·
Decision of the Tribunal
Court of Appeals ·
Opinion of another Defender of the
Bond ·
Review of case by panel of three
judges ·
Confirmation, nullification, or
overturning of decision
It must be proven that at the time of consent an essential element of
marriage was lacking even though it may not have been obvious to the couple
at that time. Please note that adultery, or other serious problems taking
place during the marriage, are not necessarily sufficient proof that a
marriage was invalid at its inception.
18.
Does the former spouse have to be contacted?
Yes. At the time the petitioner is notified that the case has bee accepted,
the judge will inform the former spouse (the Respondent) and will offer him
or her an opportunity to participate. The non-cooperation of
the former spouse usually does not hinder the progress of the case. However,
the cooperation of the former spouse is invariably helpful to the process. 19.
What if
the address of the former spouse is unknown?
Church law requires that the former spouse be contacted. However, if the
former spouse's address is unknown, it must be established that the
petitioner has used reasonable means to ascertain his or her specific place
of residence. It is left to the discretion of the judge to determine the
adequacy of the petitioner's efforts on a case-by-case basis. We also use
the Internet to try to obtain information about a former spouse. If the
former spouse's whereabouts remains unknown, an advocate will be appointed
to act on his or her behalf.
20.
What happens if the former spouse refuses to cooperate?
The responsibility of the Tribunal is to inform the former spouse of his or
her rights in a marriage nullity case. The choice to exercise those rights
or not belongs with the person. In requesting a declaration of nullity, the
petitioner has asked the Church a question: Is my marriage considered valid
by the Church. The Church therefore is obliged to give the person an answer.
The Tribunal attempts to gather as much information as possible in order to
give an answer that is as well informed as possible. But if information is
not available to the Tribunal, it still must give the petitioner an answer.
Therefore, if the other party chooses not to exercise his or her rights in
the case, the Tribunal will proceed with the case nonetheless. Lack of
cooperation by the other party is unfortunate, since it deprives the
Tribunal of valuable information. But the Tribunal cannot force people to
testify against their will, and must reach a decision based upon the
information it has been able to collect.
21. Is the testimony kept confidential?
All the information gathered in the course of this investigation is
considered confidential. This information is not made available except as
authorized by Church law. Church law states that both parties do have access
to the information collected unless the judge determines that access to a
particular part of the information may cause serious harm, or unless the
information is protected by civil statute. The purpose of this access is to
defend one's position for or against the ecclesiastical declaration of
nullity. No one else has access to the information contained in the case.
The addresses of the parties are never given out, and all contact with the
parties is done through the Tribunal. At no time do the parties have to
appear before the Tribunal together.
22.
What is the role of a witness in a marriage nullity case? A
witness is a person who can provide the tribunal with information about the
parties and their relationship. Ideally, a witness is able to provide
information about the time leading up to the marriage, the marriage itself,
and the reasons for the break-up of the marriage.
23.
Who can be asked to serve as a witness?
Most persons, including family members, are eligible witnesses. Specifically
excluded by Church law are confessors. In general, the Tribunal does not
accept adolescent or adult children of the parties, a current civil spouse
or a prospective spouse of either party to offer testimony unless there is
some special reason. The Tribunal will contact the witnesses by mail usually
within three weeks of accepting the petition. They are not required to
appear at the Tribunal Office. The petitioner will be asked to provide the
names of three or more witnesses who will be able to provide substantive
testimony about the marriage. The respondent has the right to provide the
names of witnesses.
It is important that the petitioner makes sure that the witnesses have
agreed to cooperate prior to submitting their names to the Tribunal. In
addition, the petitioner should encourage the witnesses to return their
testimonies to the Tribunal Office in a reasonable amount of time (i.e., two
to three weeks). Failure of the witnesses to cooperate in due time is one of
the main reasons for a delay in the processing of a case.
24.
What other information is part of the case?
The judge may collect any other information that might be helpful in
preparing a case, such as statements from clinicians, hospitals,
institutions, law enforcement agencies, etc. In order to obtain this
information legitimately, the Tribunal will provide proper release forms to
be signed by the petitioner at the time of their interview. When necessary,
the former spouse of the petitioner may also be asked to sign such forms.
The judge may also ask the petitioner to come to the Tribunal for an
interview in order to clarify some parts of the petitioner's testimony. The
judge may also ask the petitioner to come in for an interview with one of
our Tribunal psychologists, depending on the grounds of the case. The
purpose of the interview with the psychologist is to obtain needed
information about the personality of the petitioner in order to come to a
decision on the case.
The judge will also try to obtain the testimony of the respondent, either in
person or through a written questionnaire, and see if the respondent also
wishes to submit the names of witnesses.
Both parties have exactly the same rights in a marriage nullity case: the
right to give testimony, the right to submit the names of witnesses, the
right to be represented by an advocate, the right to review the material in
the case, and the right to appeal the decision to another tribunal.
After an adequate amount of testimony has been presented, and depending on
the grounds the judge has determined for the case, the judge may ask a
psychologist or other professional for an opinion regarding the case.
25.
What happens once all the testimony is collected in a case?
The judge will inform both parties that they have two weeks to submit any
additional evidence. At that time, both parties have a right to review the
case materials at the Tribunal. A party must appear at the Tribunal offices
during normal hours of operation if he or she wishes to review the material
in the case. Material is never sent to the party. The person who wishes to
review the material in the case will also be asked to sign a promise of
confidentiality and an understanding that the material being read is solely
for purpose of defending oneself in an ecclesiastical process. The person
will also be expected to make a statement to the Tribunal concerning what
has been read. If a party is not
a resident of the Diocese of Oakland, arrangements can be made with the
Tribunal in their local diocese to review the materials there.
If an advocate has been appointed, he or she will submit a brief. Before the
case is decided, it is submitted to the defender of the bond for his or her
observations. The defender of the bond has the task of arguing for the
validity of the marriage and insuring that church law has been observed
during the investigation. 26.
When is an affirmative decision given?
An affirmative decision is given when there is sufficient evidence in the
case to indicate that at the time of the marriage one or both parties lacked
the necessary capacity, knowledge, or intention for entering marriage.
Church law presumes that the marriage is valid, so it is only when
sufficient evidence is presented to the contrary that this presumption can
be overturned and a marriage can be declared null.
In reaching a decision, the judge has the benefit not only of the testimony
in the case, but also the opinions of advocates, experts in various fields,
the defender of the bond, and in some cases, other judges. Thus the judge
does not work alone on the case. There are many other people who contribute
to the presiding judge's decision.
27.
When is a negative decision reached?
Church law presumes that all marriages properly celebrated are valid. The
petitioner must overturn this presumption by offering convincing evidence
that the marriage was invalid from the beginning. It is not enough to prove
that problems developed within the marriage, which eventually led to the
civil divorce. The petitioner must demonstrate how at least one of the
parties lacked the necessary capacity, knowledge, or intention at the time
marital consent was exchanged. This proof must be based on something more
than just the opinion of one or both parties that the marriage in question
was null. It must also be proven that what was lacking at the time of the
marriage was related to the nature of marriage and was serious enough to
render the marriage invalid. Almost all marriages experience difficulties;
some of these difficulties make it impossible for the couple to remain
together. In order for a marriage to be considered invalid, however, it must
be shown that the problems made married life impossible, rather than just
difficult.
28.
Is the decision of the Oakland Tribunal final?
No. Every affirmative decision must be reviewed by a legitimately designated
Court of Appeals. Either party may add a personal appeal to the review. A
negative decision can be appealed if one of the parties wishes to do so.
29.
How are decisions appealed?
The Oakland Tribunal will notify the parties when a decision has been
reached. If either party is aggrieved by the decision, he or she is asked to
contact the judge in writing within a certain period of time. The person has
the option of either appealing the case to the Court of Appeals for the
Diocese of Oakland or to the Tribunal of the Roman Rota.
30.
How does the Court of Appeals for the Tribunal of Oakland work?
If the Oakland Tribunal has reached an affirmative decision, a Defender of
the Bond and a panel of three judges (none of whom serve on the Oakland
Tribunal) will again review the case for the Court of Appeals. The judges can either confirm the
decision of the Oakland Tribunal, or ask to have the case re-opened and
re-heard. After the Court of Appeals has concluded its work, it will inform
the Oakland Tribunal of its decision. Both parties will be informed of this
decision.
If the Oakland Tribunal has reached a negative decision, one of the parties
would have to appeal that decision in order for it to be heard by the Court
of Appeals.
31.
What happens if the Court of Appeals reverses the decision of the
Oakland Tribunal?
In the event that the Court of Appeals has reversed the decision of the
Oakland Tribunal, the case can be appealed to another tribunal. This would
normally be the Tribunal of the Roman Rota, the highest court of appeals in
the Church.
32.
If an affirmative decision is confirmed by the Court of Appeals,
are both parties free to marry in the Catholic Church?
Yes, but sometimes with certain other requirements. A declaration of nullity
means that the previous marriage is not an obstacle for either party to
enter a new marriage in the Catholic Church. However, because of the trauma
associated with divorce, in some cases the judge will recommend that one or
both parties engage in a program of counseling before attempting a new
marriage. In other cases, the Court of Appeals may issue a prohibition,
which requires consultation between a pastoral minister and a representative
of the Tribunal at least four months before another marriage is scheduled to
be celebrated in the Catholic Church. A prohibition is placed in those cases
where there is serious concern whether a person is currently capable of
entering a valid union or has the proper attitudes toward the essential
obligations of marriage. 33.
If a marriage is declared null, does it mean that the marriage never
existed?
Not exactly. It means it did not exist in the way the Church says that
marriages exist. A declaration of nullity does not deny that a relationship
existed. It simply states that the relationship which existed was not what
the Church means by marriage.
34.
If a marriage is declared null, are the children considered
illegitimate?
No. Church law specifically states that children born of a marriage which at
its beginning appeared to be valid are still considered legitimate, even if
later on the marriage is declared null. The decision of the Tribunal has no
effect on the civil norms that govern child support, alimony, and
visitation. It also does not affect the moral obligations that both parties
took on in their relationship. A parent remains a parent, regardless of
civil divorce or ecclesiastical annulment. There are certain moral
obligations that must be fulfilled.
35.
How long does the formal judicial process take?
Each petition is dealt with individually, so it is not possible to specify
how long the process will last. Generally, a decision is reached within one
year of the judge's acceptance of the case. Nevertheless, in no case can a
decision or its date of issue be guaranteed. Moreover, no priest,
deacon, or other parish minister is free to set a date for marriage until it
is clear that both parties are free to marry. It is only if the
Tribunal gives an affirmative decision, and this decision is confirmed by
the Court of Appeals that a wedding date can be set with a parish.
36.
Is there a fee for the formal judicial process?
There is no pre-set fee. Once the case has been accepted by one of the
judges, we ask the petitioner to assume as much as possible of the total
cost for handling the case. At the present time, it costs the Diocese of
Oakland about $900 to handle each marriage nullity case,
although the actual fee
requested by the Tribunal is considerably less than this amount.. We ask each
petitioner to assume as much as they are able. In cases of
financial difficulty, the petitioner will be given an opportunity to ask for
a reduction or total waiver of the fee. No one will be refused a decision
because of an inability to pay all or part of the cost of the case.
37.
Besides declaring a marriage null, are there other ways of
dealing with marriage cases?
Yes. Rather than being declared null, a marriage could be dissolved by the
Pauline Privilege (for marriages in which neither party had been baptized),
the Petrine Privilege (in which at least one of the parties had not been
baptized), or because the marriage was never consummated or because the
presumed death of the former spouse. The application for these procedures is
the same as for the formal judicial process. Once we receive the
application, a member of the tribunal staff will be in contact with the
petitioner regarding the handling of this case.
38.
What is the "Pauline Privilege"?
The Pauline Privilege is a dissolution of marriage
in which both parties to a previous marriage were non-baptized throughout
the entire duration of their married life. It can be requested when one of
the parties either wishes Christian baptism or has been baptized Christian
and the other party remains unbaptized. These
cases remain here in the Oakland Tribunal, and are decided by the Bishop of
Oakland.
39. What is the "Petrine Privilege"? A
Petrine Privilege or Privilege of the Faith is a
dissolution of marriage in which at least one of the parties to a
previous marriage was non-baptized throughout the entire duration of their
married life. If the petitioner is the non-baptized party or was baptized in
another Christian church, he or she must either wish to be baptized or
received into the Catholic Church, or seek to marry a baptized, practicing
Catholic. If the petitioner is a baptized Catholic who was married to a
non-baptized person, he or she must either wish to enter into marriage with
a baptized Christian, or promise to enter marriage with a baptized Christian
in the future. Privilege of the Faith cases involve a special petition to
the Holy Father and are decided in Rome.
40.
What other ways does the Diocese of Oakland minister to those who
have divorced?
The Diocese has a number of different programs for those who have divorced.
These are offered through the Family
Ministries office. |
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