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Metropolitan Tribunal The Metropolitan Tribunal is the office that handles annulments of marriages. To contact the Metropolitan Tribunal, please click here.
Annulment/Decree
of Nullity The true Sacrament of Marriage is indissoluble. This follows from Church teachings, as well as the words of our Lord in Matt. 19:9. Every Christian marriage is indissoluble except by the death of one of the spouses. No earthly power 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 first and foremost true, valid, and proper intent from both parties at the time that the vows are exchanged. Both the man and the woman must intend to make a valid sacramental marriage, which by definition is a life-long communion open to new human life. 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, then no marriage is made on the wedding day. A party to a marriage who has no intention of being faithful cannot actually make a valid. marriage. This is because at the very time of exchanging vows he or she precludes the life-long fidelity that is and intrinsic part of marriage. This is often demonstrated early in the marriage by actual acts of 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. This includes, but is not limited to 1) one or both of the parties did not intend lifelong fidelity to the other person, 2) one or both of the parties excluded the possibility of children entirely, 3) one or both of the parties was incapable of marriage (due to some form of a constitutional weakness, e.g., mental illness or some psychological condition that prevented making the marital commitment, gross immaturity, homosexuality, etc.). None of these conditions are assumed by a Tribunal. They must be proven, as a Tribunal assumes all marriage to be valid until proven otherwise. A Decree of Nullity does NOT dissolve the marriage. It cannot do so, as no earthly power can dissolve a marriage. It is, rather, a reasoned judgment that a true and valid Sacrament of Marriage never existed in the case in question, and as such is capable of human error. Given that the tribunal steadfastly follows Church law and theology and the couple and their witnesses are honest in their testimony, the decision can be followed in good-faith, including a new marriage. If someone is, however, abusing the Tribunal process through deceit, 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 party who abused the Tribunal 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. The Tribunal can only be concerned with the intention of one or both of the parties of the marriage on the wedding day. If a true and valid sacramental marriage was made on the wedding day, then 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.
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Archdiocese of the Southwest
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