Information for Petitioners and Respondents
CONTENT
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The Nullity Case
- The Tribunal Requires
- What You Need to Know
- How the Process Works
- Remember
- Further Information
-
Information Regarding Marriage Annulments
- Six Most Commonly Asked Questions
About Annulments
- Q1.How long will it take to get my annulment?
- Q2. If I apply for an annulment, does
my former spouse have to be notified ?
- Q3. Will everything I tell the
Tribunal be kept secret?
- Q4. Does an annulment mean my
children are illegitimate?
- Q5. Do I have to be divorced before I
can apply for an annulment?
- Q6. How much does it cost to get an annulment?
- Where Do I Begin?
- What are the steps involved?
- Further Notes
- Tribunal Personnel
- Contact Us!
THE NULLITY CASE
A Judge of the Tribunal decides if an application merits
investigation in accordance with the Code of Canon Law (1983).
Before the case can proceed the Tribunal requires certain relevant
information. You also need to be informed of the process.
THE TRlBUNAL REQUIRES
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Up-to-date information regarding addresses of:
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the Petitioner (applicant)
- the Respondent (the other spouse)
- all witnesses
If you cannot provide any one of the above, the Tribunal may not be
in a position to proceed. Please contact the Tribunal for further advice.
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Witnesses must agree to give evidence to the Tribunal before it
contacts them.
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The Tribunal also needs copies of:
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the Church's marriage certificate
- Petitioner's baptism certificate (recent issue)
- Respondent's baptism certificate (recent issue)
- a copy of the Divorce (Decree Absolute) when available
WHAT YOU NEED TO KNOW
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The Nullity process follows the rules of the Code of Canon Law.
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A copy of the Petitioner's Case History may be shown to the
Respondent in accordance with Canon Law at the Judge's discretion.
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The Church upholds and presumes the validity of a marriage until the
contrary is proven. The fact that an application has been accepted
for an investigation is no guarantee of an "affirmative" decision.
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Confirmatory decisions given by:
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the Tribunal of First Instance (Halifax, Charlottetown Branch), and
- the National Appeal Tribunal of Canada, conclude a case.
If the above Tribunals agree the nullity of a marriage is proved, a
Decree of Nullity is issued to the parties (Petitioner and Respondent).
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Access to information is carried out in accordance with Canon Law.
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When the parties have given their evidence, the Tribunal will request
the evidence of their witnesses.
It is important to nominate only those persons who have first-hand
knowledge of the courtship and marriage details. Priests and trained
lay people will take the witnesses' evidence. This is done on a
one-to-one basis.
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The Financial Officer of the Diocese of Charlottetown will deal with
all questions of finance in association with the case.
Monies received will be acknowledged.
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Failure to reply to Tribunal correspondence will slow the progress of
the case.
HOW THE PROCESS WORKS
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It is important that you know how a case progresses at the Tribunal:
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Upon receipt of the signed Petition the Judicial Vicar will follow
the proper procedure in accepting the case.
- Once the case is accepted, the Respondent will be
immediately informed by post or telephone of the Petition. He/She
will be allowed a specified time within which to respond.
- When all available information is gathered and the
law of the church has been followed, the judge will make a decision
at First Instance.
- If a decision is "affirmative" the case
automatically goes to the National Appeal Tribunal. The parties are
duly informed.
If the decision is "negative" the parties have the right to
appeal. If no appeal is received within a specified time, the case is
deposited in the Tribunal archives.
REMEMBER
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To inform the Tribunal of any change of address, name, etc.
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To make important enquiries in writing.
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To assist the Tribunal promptly if requested.
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The process is lengthy but can be speeded up if parties and witnesses co-operate.
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Not every marriage that breaks down is invalid.
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Tribunal personnel are available to offer advice and assistance where possible.
Further Information
INFORMATION REGARDING MARRIAGE ANNULMENTS
Christ the Lord calls upon the Church to be a community of healing
and reconciliation. The legal procedures of the Church's Tribunals
are based on the principle that our Faith Community cares about those
who suffer from broken marriages. It is our hope that the following
information will address some of your questions and concerns about
marriage, annulments, and the role of the Marriage Tribunal.
Anyone wishing to apply for a Declaration of Nullity, or wishing to
enquire about their own marriage situation, is invited to talk with a
priest, or a pastoral associate, or call the Marriage Tribunal.
SIX MOST COMMONLY ASKED QUESTIONS ABOUT ANNULMENTS
Q1.How long will it take to get my annulment?
A1. First of all, there is no guarantee that a Declaration of Nullity
will be granted. Each case is unique and is judged on its own merits.
NO PLANS FOR A NEW MARRIAGE IN THE CATHOLIC CHURCH CAN BE MADE until
a Declaration of Nullity is granted. The Tribunal cannot predict the
length of time needed to process a case, but most cases with the
Charlottetown Marriage Tribunal involve a MINIMUM period of one year.
Much depends on the cooperation of the parties, the availability of
witnesses, and the complexity of the grounds. Some Tribunals process
cases faster than others, depending on the volume of applications.
Your patience is both necessary and appreciated. Canon law requires
that cases be processed according to the order in which they are
received. Exceptions to this rule are extremely rare. However, if
there is some extraordinary reason for a case to be given special
priority (for example, danger of death), this can be discussed at the
time of the preliminary interview.
Q2. If I apply for an annulment, does my former
spouse have to be notified ?
A2. YES. Since the Tribunal's task is to determine the true facts of
a marriage breakdown both parties of the marriage (petitioner and
respondent) must, in justice, be given the same opportunity to relate
his/her experiences and views. Each party is interviewed separately
and privately. YOU WILL NOT BE REQUIRED TO HAVE ANY DIRECT CONTACT
WITH YOUR FORMER SPOUSE.
Q3. Will everything I tell the Tribunal be kept secret?
A3. DEFINITELY YES. All Tribunal personnel (secretaries,
interviewers, judges) have taken an oath to observe secrecy. Neither
your witnesses, nor your family members, nor your parish priest, will
be given access to your confidential file. This is a matter for only
the parties (petitioner and respondent) concerned. This right may or
may not be exercised by the parties.
Q4. Does an annulment mean my children are illegitimate?
A4. ABSOLUTELY NOT. The canon law of the Church expressly states
that: "Children conceived or born of a valid or putative [i.e.
at first considered valid and later declared null] marriage are
legitimate" (Can. 1137). Since virtually all marriages are
entered into with good faith on the part of one of the parties at
least, we can say with all confidence that the status of children is
not affected by the granting of a Declaration of Nullity.
Q5. Do I have to be divorced before I can apply
for an annulment?
A5. NO. You can apply for a Declaration of Nullity before your
divorce has been granted, as long as the Tribunal is assured that
there is no possibility of reconciliation between you and your
spouse. You must provide the Tribunal with proof of divorce before a
final decision can be made on your annulment case.
Q6. How much does it cost to get an annulment?
A6. The petitioner is asked to cover about half the cost.. Even
though the work of the tribunal is one of the many services provided
by the Catholic Church, it is considered right and fair that those
who apply for an annulment be asked to help defray the expenses
involved in processing a case. Receipts will be issued. A person
whose marriage has broken down has the right to present his/her
marriage case. It is the policy of the Charlottetown Diocese that no
one will be denied the services of the Marriage Tribunal because of
an inability to pay.
WHERE DO I BEGIN?
Talk to a priest, or pastoral associate, or the Marriage Tribunal. It
is important that you call on your own behalf, not on behalf of a
friend or family member. A preliminary investigation form will be
given to you to fill out and return.
WHAT ARE THE STEPS INVOLVED?
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You will be formally interviewed, under oath, and asked for a
chronological review of what happened in your marriage.
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You will be asked to provide the names and addresses of witnesses
(usually 4); these people should have been familiar with you and your
former spouse, if possible, at the time of, or in the first years of
your marriage.
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A Petition (formal request for a Declaration of Nullity) will be
drafted for you so that you may read it and sign it.
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When your former spouse has been contacted, he/she will be invited to
participate in the Tribunal investigation by being interviewed. While
the Tribunal has a strict obligation to contact your former spouse,
it also has a responsibility to proceed with a case, even without the
participation or approval of the other party. The respondent may name witnesses.
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Your witnesses (and the respondent's witnesses, if any) will be interviewed.
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All the material will be typed, then evaluated by a Defender of the
Bond, a canon lawyer, whose role is to defend the bond of marriage by
raising any reasonable objections to the granting of a Declaration of Nullity.
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The case is studied by a judge, a qualified canon lawyer, who, in
conformity with the laws of the Catholic Church and based on all of
the information provided, decides if a declaration of nullity can be granted.
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You and the respondent are notified by mail of this decision. If you
wish, you may appeal this decision, by a formal objection, within a
specific time.
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Each and every marriage case, whether or not one of the parties
formally objects to the first decision, is forwarded to the Canadian
Appeal Tribunal in Ottawa. The Canadian Appeal Tribunal reviews every
marriage case, and either confirms or overturns the first tribunal's decision.
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Both parties are notified, again by mail, of the decision of the
Canadian Appeal Tribunal. If the first decision is confirmed, the
process is complete, and the marriage is declared null and void.
FURTHER NOTES
The Catholic Church teaches us that marriage is an intimate,
exclusive and permanent partnership of a man and a woman which exists
for the good of the spouses and the procreation and education of
children. Marriage is brought into being by the voluntary and
deliberate exchange of consent (marriage vows) of the parties. For
the good of all concerned (spouses, children, families, society and
the church) every marriage (whether of Catholics or non-Catholics) is
presumed valid. This is the constant teaching of the Church.
While the Catholic Church upholds the dignity, sacredness and
permanence of marriage, it cannot ignore the reality of separation
and divorce in our society. The Church must reach out to those who
are struggling with the pain of a broken marriage.
An annulment (properly called a declaration of nullity) is a decision
issued by the Catholic Church, through its Marriage Tribunal, that a
given marriage is invalid (not binding) because some essential
element of marriage was lacking at the time of the exchange of consent.
Annulments ARE NOT Catholic divorces. A divorce is a civil legal
action whereby the contract of marriage is dissolved, division of
property and custody of children are settled, and a husband and wife
are declared free to enter new unions with different partners. A
Catholic Declaration of Nullity states that, in the eyes of the
Church, a true bond was never established. It has no civil effects in
Canada. The Catholic Church recognizes all marriages (of Catholics
and of others) as valid. Thus situations may occur, usually when a
Catholic party is entering into a marriage with a person of another
faith. A declaration of nullity may be required for a previous
marriage of the non-Catholic party in order to fulfill the
requirements of the Catholic party. With few exceptions, the Church's
nullity process is a way of helping persons come to peace in
themselves, and within the community of the Church, after a marriage
has irretrievably broken down.
FINAL COMMENT
The decision of nullity is based on evidence gathered and evaluated
in the light of the laws of the Roman Catholic Church, for the
purpose of determining certain rights within the Catholic Church. It
does not intend to impose itself on other religious denominations, as
it does not judge their rules. This decision is purely a religious
matter, and it does not intend to create civil effects.
TRIBUNAL PERSONNEL
Reverend Robert MacDonald
Associate Judicial Vicar
Donna Keenan
Tribunal Coordinator/Secretary/Notary
CONTACT US!
Halifax Regional Marriage Tribunal
Charlottetown Branch
PO Box 907
Charlottetown, PE C1A 7L9
Telephone: (902) 368-8005
E-mail: d.keenan@dioceseofcharlottetown.com
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DIRECTORY
