The Catholic Annulment Process

Many Catholics, and others as well, are often confused about the Catholic Annulment Process. Specifically, the questions often have to do with the "whys" and "hows" of an annulment.  This article will attempt to answer some of those questions and will also provide an e-mail link if you have further questions.

The Catholic Church teaches that marriage is a Sacrament - a visible sign of the presence of our invisible God - and is therefore a permanent bond that cannot be dissolved, even by a divorce.  Marriage is an enduring and permanent partnership in which husband and wife establish a loving and life-giving relationship.  Divorce should be seen as a last resort to protect one's rights - and not an easy answer to problems within the marriage.  The Church teaches that, even after a divorce, a valid marriage remains in force unless and until it is proven otherwise.  Therefore, no one who has been previously married can enter into a Catholic marriage until an annulment is granted.  This is true whether the person is Catholic or not.

When a marriage does end in divorce, the Church provides both parties to that marriage with the right to petition the Church, through its Tribunal (or Church court), to determine whether or not a permanent marriage bond was created when the two parties entered into their marriage.

When an annulment - technically a Declaration of Invalidity - is granted, it is a statement by the Church that the enduring bond of a sacramental marriage was not present at the time of the marriage.  This reality could be true for a number of different reasons that are unique to each marriage.  Examples of these are immaturity or psychological factors that impeded the freedom of the parties entering into the marriage.

The Tribunal has different procedures for different types of cases.  One procedure applies to Catholics married outside the Church, or to a person who is married to someone who was previously married.  The formal annulment procedure applies to most other cases.  This procedure consists of answering two questionnaires - one preliminary and the other more detailed - about the couple and the marriage.  The current address of the ex-spouse must be given to the Tribunal as he or she will also be sent a questionnaire.  After the second questionnaire is submitted, the petitioner meets with a representative from the Tribunal and provides the Tribunal with a list of witnesses - family members, friends or counselors, who can provide additional testimony regarding the marriage.  The Tribunal asks petitioners to share in the cost of the annulment process and assesses, by a sliding scale, fees based on income, that can be paid over a period of several months.

Generally speaking, a formal annulment process takes between 18-24 months and, generally, will not cost more than approximately $860.  There is never a guarantee that the annulment will be given an affirmative decision and parishes may not set a wedding date or begin marriage preparation until the annulment is granted.

One can begin an annulment by calling a Catholic parish, and asking to speak to a priest, deacon or a lay case sponsor about an annulment.  The minister will set up a meeting, at which time any questions or clarifications can be addressed.  If the person requesting the meeting is willing to proceed, the first questionnaire can be given at that time.  Petitioners must go through their parish - questionnaires can only be signed by authorized ministers and must bear the seal of the local church.

While the annulment process is neither quick or easy, it can be a positive experience that provides healing and closure to a difficult chapter in one's life.  For more information, or for answers to other annulment questions, please e-mail us at mmauldin@stphilipbenizi.org.