Divorce & Remarriage in the Catholic Church
If you are reading this document, it is likely that you are interested in marrying a Catholic person, within the Catholic Church. You may have asked, first and foremost, why the Catholic Church would want to examine your past marriage in order to allow a future marriage to one of its members? This document is an attempt to answer this and other questions which you may have. It is also written to help you to understand the theology of the Catholic Church regarding marriage, and its process which determines whether a person is free to marry again.
What is Marriage?
In order to understand what the Catholic Church means when it issues a Declaration of Nullity(an Annulment), it is helpful to look first at the Church’s long-standing and beautiful concept of marriage. Marriage is a covenant between a man and a woman which establishes a partnership for life. Marriage is a vocation which fosters the good of the spouses and naturally leads to the procreation and education of children. We believe that marriage between baptized Christians is a sacrament, regardless of the denomination of the spouses. The Catholic Church understands that marriage takes place when two persons exchange consent through wedding vows according to the norms of their own faith tradition. In fact, we believe that even marriages involving unbaptized persons come into existence with the exchange of vows according to their beliefs and practices.
What is the difference between a Declaration of Nullity and an annulment?
“Annulment” — the act of making null. This means that something was valid, but now is null. This is NOT what the Church does. Furthermore, it is a term found in civil law, not canon law. Rather, the correct term is Declaration of Nullity — once a marriage ends (via divorce), then the Church Court [Tribunal] investigates this marriage, which up to now is presumed valid. After a thorough investigation, should enough evidence be presented and the facts show that this was not a valid marriage, it is declared “null” and a Declaration of Nullity is issued. If the evidence is not sufficient, the marriage continues to be presumed valid. There’s no such thing as a “declaration of validity”. A Declaration of Nullity also differs from divorce. Divorce declares a union no longer exists from that point on. A Declaration of Nullity states that there never was a valid marriage – from the beginning.
Is a Declaration of Nullity necessary only if a person has been married in the Catholic Church?
The Catholic Church presumes all marriages are valid. Therefore, the previous marriage(s) of an individual (even if not Catholic at the time they married) must be studied in order to determine freedom (or lack of freedom) to marry. A Declaration of Nullity is necessary when a previously married person wishes to enter a Catholic marriage.
How long must an individual wait to obtain a Declaration of Nullity?
The time required to process a case may vary according to the promptness and involvement of the parties and their witnesses. From the time the petitioner submits his/her case for study, the average time required for the completion of a case at the Raleigh Tribunal is nine to eleven months. Every case does not receive an affirmative response. If the evidence in a particular case does not justify a declaration of nullity, a negative response will be rendered. After all the necessary information has been gathered, you will need to wait for a decision of the Tribunal. This wait can be frustrating, as it may take many months. Because of the number of marriage cases pending before the Tribunal and the detailed and careful process with which each one is handled, it is never possible to expedite any one’s request for a Declaration of Nullity, nor to promise a definite date of conclusion, nor even to promise a favorable decision. In light of this, the priest or deacon working with you is not able, nor permitted to set the date for any future wedding.
While this process can dredge up painful memories from the past, we have experienced that most persons have found new strength, understanding, and healing by discussing their prior marriage with a person who represents the Church. As a recent petitioner told us, “It was a great healing for me.” Another petitioner said, “I understand myself and my marriage now!” All those involved in helping you through this process understand our work as a ministry.
We understand and appreciate the effort any person needs to put forth when seeking an Declaration of Nullity. The process could be seen as an obstacle to being married within the Church of your spouse. However, it could also be seen as a means of personal and spiritual growth toward the happiness you were meant to enjoy with God. Please don’t allow any questions or doubts to keep you from approaching the Tribunal about a former marriage. Talk over your concerns with a priest or any other knowledgeable Catholic with which you feel comfortable.
May God bless you as you seek communion with us in the Catholic faith. If you are divorced, may the Lord’s mercy touch the memories of this painful time in your life through the Church. Should you decide to seek an annulment, may it be a source of healing for you.
For additional questions please contact the Diocese of Raleigh Tribunal at 984-900-3411.