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Metropolitan
Tribunal
Marriage
and Family Life Office
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The
Metropolitan Tribunal is the office that handles annulments of marriages.
To contact the
Metropolitan Tribunal, please click here.
Annulment/Decree
of Nullity
adapted from
Colin B. Donovan, STL
Marriage Is
Indissoluble. The Church teaches, as does Jesus in Mt 19:9, that
every Christian marriage is indissoluble except by the death of one
of the spouses. No power on earth can dissolve a ratified and
consummated union of two baptized Christians (one in which vows have
been validly exchanged and which has been later consummated by intercourse).
A valid marriage
requires the proper intention at the time that the vows are
exchanged. The parties must intend to make a marriage, which by
definition is a life-long communion open to new human life. These are
called the unitive and procreative meanings of marriage. If either of
the two meanings of marriage (an indissoluble union and procreation)
are excluded by the will of either the man or the woman no marriage
is made on the wedding day.
For example,
someone who has no intention of being faithful cannot make a marriage
since at the very time of exchanging vows he or she precludes the
life-long fidelity that is intrinsic to marriage. This is often
demonstrated right at the beginning, or shortly thereafter, by
infidelity. Or, someone who intends to exclude the possibility of
children does not validly marry. (Those who cannot have children due
to age or infertility are NOT meant here, but only those who could
bear children but intend to avoid this marital responsibility completely.)
What a
decree of Nullity Is.
An annulment,
properly called a Decree of Nullity, is a finding by a Church
tribunal that ON THE DAY VOWS WERE EXCHANGED at least some essential
element for a valid marriage was lacking, such as, one of the parties
did not intend lifelong fidelity to the other person or excluded
children entirely. Another example would be that one of the parties
was incapable of marriage (due to some constitutional weakness, such
as mental illness or some psychological condition that prevented
making the marital commitment - gross immaturity, homosexuality, etc.).
None of these
conditions are assumed they must be proven. A Decree of Nullity does
NOT dissolve the marriage, it cannot. It is a reasoned judgment that
one never existed, and as such is capable of human error. If the
tribunal is fastidious to Church law and theology and the couple and
their witnesses are honest, the decision can be followed in
good-faith, including a new marriage. If someone is ABUSING the
process through deceit, however, it would be a very grave sin for
that person. A person who innocently enters a second marriage would
not be guilty of sin, but the person who abused the process to
fraudulently obtain a decree in order to remarry would commit
adultery by remarrying.
An
"annulment" does NOT concern whether the marriage was a
happy one, whether one of the spouses LATER became unfaithful, or
LATER decided not to have children, but only their INTENTION on the
wedding day. If a marriage was made THAT day it is a life-long bond,
irrespective of what happened later in the marriage.
The Tribunal Process.
The process of
obtaining a Decree of Nullity entails submitting the facts of the
marriage, with supporting witnesses, to the archdiocesan marriage
tribunal. Either party can do this. Then after a evaluation of these
facts a judgment on the validity of the marriage is made.
Since this is a
voluntary process, there is a fee to cover administrative costs. If
this fee is a hardship an individual should ask that it be waived.
Marriage
After a Decree.
If a Decree of
Nullity is given the couple are free to marry, unless the condition
that led to the invalidity (e.g. lack of intention, mental illness,
incapacitating immaturity) still exists. Then the person who has that
condition is still incapable of marriage, but the other person may marry. |