MArriage procedures
MARRIAGE NULLITY CASES
Your spouse has submitted a petition to this Church tribunal requesting that an ecclesiastical declaration of nullity be made regarding your marriage. Experience has shown that people often have many questions regarding this process and his/her rights during these proceedings. We hope that this brochure will clarify some of these issues.
THE CHURCH’S VIEW OF MARRIAGE:
The Catholic Church teaches that marriage is a life-long and exclusive relationship between a man and a woman in which they give and receive mutual help and love, and from their union bring forth and educate children. They create together an intimate partnership of the whole of life. Therefore, marriage is much more than a legal contract; it is a sacred bond in which a man and a woman totally commit themselves to the good of each other. Further, neither the number of years of cohabitation nor the number of the children born to the union, of themselves, make a marriage valid.
HOW IS THE NULLITY OF A MARRIAGE POSSIBLE?
People rarely enter marriage with an intention to divorce. Rather, they find after marriage that conjugal living is radically different than what they had anticipated. When a couple gets married, each party must adequately understand the essential obligations of marriage and have the maturity to assume those obligations. If the lived experience of the marriage was so deficient that it did not correspond to the commitments made on the wedding day, and this is clearly proven to the tribunal, the Church declares that marriage to be null. An ecclesiastical declaration of nullity has no civil effects whatsoever.
THOSE PARTICIPATING IN THIS MARRIAGE NULLITY PROCESS:
THE PETITIONER: The person who petitions to the Tribunal for a Declaration of Nullity of his/her marriage that took place in the Church.
THE RESPONDENT: This is the term used to identify the other party in the marriage nullity process.
WITNESSES: The names submitted by the petitioner of persons who may be able to offer their own insights as to why a given marriage has failed. Witnesses are often parents, relatives, neighbours or close friends of the couple. The petitioner and the respondent have to present at least 3 witnesses. The witnesses are contacted and are examined by the Judge regarding the important elements that should be present in any marriage.
EXPERTS: Counsellors, Doctors or other Professionals with whom one or both of the parties of a marriage consulted. Professional records are confidential.
WHO REVIEWS THIS INFORMATION?
All the material related to the marriage nullity process is treated confidentially as required by Church law and respected by civil law. Only the parties have a right to the information and are permitted to read it when all the evidence has been collected. You have the right to respond to
the allegations of your former spouse, just as your former spouse has a right to review statements which you have made as part of this investigation. All officials of the Tribunal, including office personnel, are bound by oath to keep all information confidential.
WHEN IS A DECISION MADE?
When the information gathering phase of the marriage nullity process is completed, the parties are informed and given time in which they might review the evidence and offer additional data and/or observations regarding the case. The case is then forwarded to the Defender of the Bond who is required to argue for the validity of the marriage, if appropriate, and to guarantee the rights of both the parties and the Church. The Judge to whom the case has been assigned will render the decision after a thorough study of all the material.
A decision may be affirmative or negative. An affirmative decision means that the nullity of the marriage has been proven. A negative decision means that the nullity of the marriage has not been proven and, therefore, the marriage still binds in the eyes of the Church.
APPEALS:
Church law recognizes the right to appeal. The Petitioner, the Respondent, as well as the Defender of the Bond, have the right to appeal a decision. An appeal may be made to the Metropolitan tribunal of the Archdiocese of Bombay or to the Apostolic Tribunal of the Roman Rota.
-IS REMARRIAGE IN THE CATHOLIC CHURCH ALLOWED?
When the nullity of a marriage is declared and if there are no restrictions attached to it, the usual procedure of preparing for marriage in the Catholic Church may be started with the local parish priest or pastoral minister. No plans for future marriages should be made before that time.
WHAT ABOUT ANNULMENTS AND THE LEGITIMACY OF CHILDREN?
As was indicated above, in India, there are no civil effects to a declaration of the nullity of a marriage by the Church. It does not affect in any manner the legitimacy of children. It cannot be used to question a child’s paternity. It cannot be used to influence a civil court to set or change the terms of a civil divorce, child custody and support, or property settlement. Church law has always protected the legitimacy of children because they were born into a presumed valid marital relationship.
HOW LONG DOES THE PROCESS TAKE?
It is impossible to predict the length of time because of a number of variable factors. No two marriage nullity cases are the same. One case may be completed in several months. Another may take a year or longer.
Patriarchal Tribunal of the Archdiocese of Goa and Daman
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