June 3, 2009

Q: I have heard that an annulment is just “Catholic divorce.”  What actually is an annulment and what is the process?  Is there a cost involved?

A: Marriage is the holy, lifelong partnership which God has created to sanctify men and women, and build families through the procreation and education of children.  This partnership is the result of a free choice between two people to join together in a faithful, permanent, covenant on which a family might be founded.  Sometimes, often through no fault of their own, people who attempt to create such a bond might “miss the mark.”  Their consent might be compromised by conditions or reservations, they may not be truly free in their decision-making, or there may be some other impediment which stands in the way of making a true, free choice when they attempt marriage. 

A declaration of nullity, or “annulment” is the Church’s declaration, after an investigation in the external forum, that the true bond of marriage was, for some reason, not established by the consent of the parties.  The process does not assign blame for the marriage’s failing, nor is it a “Catholic divorce.”  While civil divorce terminates the legal obligations of a marriage, it never answers the question of whether the bond of marriage existed in the first place.  The Church does not deny historical facts of the marriage (common life, children, etc.) but declares that, despite the parties’ best efforts, the bond never existed.

A declaration of nullity ensures that a person who is divorced is free to attempt marriage again.  While there is a nominal cost associated with the Church’s investigation, no one is turned away from the Tribunal because they cannot pay.  If you have further questions about the Tribunal process in the Archdiocese of Denver, contact your pastor, who can assist you through the process.

This week’s apologists are Very Rev. James S. Moreno, J.C.D., judicial vicar, and J.D. Flynn, J.C.L., metropolitan judge, of the Metropolitan Tribunal.