Annulments

Annulments

Annulment Information

All marriages are presumed to be valid by the Church, unless proven otherwise. The Church takes seriously what Jesus clearly said in Mark 10:9-12: “Whoever divorces his wife and marries another commits adultery against her; so too, if she divorces her husband and marries another, she commits adultery.” 


At the same time, Jesus noted in Matthew 19:9 that when a first marriage is “unlawful,” the ban on remarriage doesn’t apply, because a true, “lawful” marriage didn’t exist in the first place. In other words, when an essential element or property of marriage was lacking in the consent the couple gave, the consent is invalid. When the consent is invalid, no marriage bond was created, so the bond is null.  In the Catholic Church, however, this is not a determination that an interested party can make on their own and then move into a new marriage. Because the Church favors the validity of marriage, it is necessary to prove before a Catholic church court (Tribunal) that some essential element or property of marriage was lacking in order for the Church to declare the bond invalid. A Declaration of Nullity (often called an “annulment”) is an official statement by the Tribunal that a particular marriage, although originally presumed to be valid, has been conclusively shown to be invalid since it lacked some essential element from the very start. Since it is invalid, the marriage does not bind the parties for life, as had been originally believed. 


In addition to the more investigative formal case described above, there are also other types of cases. There is the documentary “Lack of Form” case for a Catholic who married outside of the Catholic Church and never brought that marriage into the Church; this case involves providing certain documents and witnesses and takes only a few weeks. There is the documentary case called “ligamen” or “prior bond” where you must prove your former spouse was married before marrying you.  There are two types of cases that involve, among other things, the proven non-baptismal status of you or your former spouse at the time of consent. After you complete the initial application with Ann Brophy, the Tribunal will let you know what kind of case you have. Ann Brophy will assist you in the process as your Advocate with the Tribunal.  Ann has assisted hundreds of Sacred Heart parishioners with their inquiries and cases over the years.   


Please note that if your former spouse is deceased, you are no longer bound by your marriage vows to that spouse. Also, if you are divorced but not remarried, with the priest’s permission in the Sacrament of Reconciliation, you may continue to receive Holy Communion. However, if you or your spouse are divorced and remarried without obtaining a Declaration of Nullity, the priest may direct you to refrain from receiving Holy Communion until you bring your current marriage into good standing with the Church. Please don’t hesitate to meet with the priest to talk more about your life and faith journey! 

 

 To learn more about your particular situation or begin the process, please contact Ann Brophy at the parish office, or abrophy@shcs.org

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