If you are petitioning for a Declaration of Nullity ("Annulment") and have been advised by your Case Sponsor/Procurator/Advocate to access the forms for a Petition (Libellus) for a Declaration of Nullity, please use the link below to access the forms.
Case Sponsors, Procurators, and Advocates must use the password-protected link below to access forms. Access is reserved to Case Sponsors, Procurators, and Advocates.
The Tribunal's purpose is to fulfill the canonical responsibilities relative to petitions for declarations of nullity of marriage; other canonical duties as outlined in the Code of Canon Law.
WHAT IS A DECLARATION OF NULLITY?
In the Catholic Church, a declaration of nullity refers to a tribunal’s (church court) ruling that a marriage between a man and a woman is invalid due to specific circumstances within the relationship that prevented the formation of a spiritual bond, which consequently prevented them from fully entering into the sacred bond of matrimony with one another.
WHAT IS THE DIFFERENCE BETWEEN A DIVORCE AND A DECLARATION OF NULLITY?
Typically, divorce refers to a process which dissolves a marriage from all civil and legal aspects.
A declaration of nullity does not dissolve a marriage civilly, legally, or even spiritually. Rather, it declares that a marriage never truly existed due to the absence of the spiritual bond which is essential to the Church’s definition of matrimony.
WHAT ARE THE GROUNDS FOR A DECLARATION OF NULLITY?
In order to grant a declaration of nullity, authorities of the Catholic Church must determine with moral certainty that this spiritual bond never formed between a man and a woman. While each relationship is unique and must be investigated accordingly, some circumstances which may prevent the formation of the spiritual bond include:
False/Contrary Intentions. (example: if one or both partners from the very beginning reserved to themselves to possibility of divorce if the marriage does not meet their expectations or needs)
Mental Incapacity. (example: if one or both partners, because of grave psychological factors, was incapable of contracting or fulfilling the essential obligations of marriage)
Outside Forces/Influences. (example: if one or both partners are pressured or forced to enter into the marriage).
Certain steps within the Church’s process for a declaration of nullity are designed to assist individuals in identifying the exact circumstances which may have prevented the formation of the spiritual bond in their relationship, before the case is presented to the tribunal for a ruling.
WHY IS A DECLARATION OF NULLITY FROM THE CHURCH NEEDED?
Anyone—either Catholic or non-Catholic—who wishes to be married in the Roman Catholic Church will need a declaration of nullity from the Church if he/she was previously married to a person who is still living. Even if the previous marriage did not take place within the Catholic Church, a declaration of nullity is still required.
Catholics who are legally divorced from their spouses may also wish to pursue a declaration of nullity from the Church as soon as the civil process has been completed. Although this is not necessary in order for divorced Catholics to remain in good standing with the Church, it may be beneficial in helping them to identify why the marriage failed, and also allow them to clarify their marital status before they consider committing themselves to another relationship in the future.
Divorced Catholics may remain in good standing and continue to receive Holy Communion. However, if a Catholic remarries outside of the Church, he or she can no longer receive Holy Communion.
HOW LONG CAN THE PROCESS FOR A DECLARATION OF NULLITY TAKE?
Again, each relationship is unique and thus requires its own specialized investigation before the tribunal can make a determination concerning the asserted invalidity of the marriage. The length of time this requires will vary from case to case, making it difficult to offer a solid time estimate. Some declarations of nullity may be granted in a matter of months, while others could potentially take a year or more.
WHAT SHOULD I DO IF I AM READY TO BEGIN THE PROCESS FOR A DECLARATION OF NULLITY?
Those who are seeking a declaration of nullity should contact their local parish priest, who can advise them on how to proceed according to all the necessary guidelines.