Seeking an Annulment

What is the basis for an annulment?

Catholic Church law presumes that on their wedding day, a couple had the capacity to marry. An annulment is based on the finding by the Tribunal of the Catholic Church that one or both parties lacked this capacity to make a genuine marriage bond, as understood by the Catholic Church.

The Tribunal would then consider matters to see if there was an incapacity of the couple to marry, including the intentions of the parties, their maturity, their freedom to act responsibly, their freedom from undue influence and pressures and their capacity to undertake the essential obligations of marriage. There are other grounds for nullity of marriage apart from incapacity.

How is an annulment different from a divorce?

A divorce dissolves the bond recognised in civil law. An annulment declares that even though the correct wedding formalities, as understood by the Catholic Church, were observed, the bond of marriage did not come into being.

An annulment declares that the parties are free to marry according to the rites of the Catholic Church once all other requirements of law have been fulfilled.

In Australia, an annulment has no effect or impact to civil law.

Who can approach the Tribunal of the Catholic Church for an annulment?

Anyone, Catholic or non-Catholic, who wishes to clarify their marital status according to the law of the Catholic Church is free to approach the Tribunal of the Catholic Church.

Those not baptised or persons who married contrary to the laws of the Catholic Church are handled differently to those who are baptised. The staff of the Tribunal can advise you as to which process of investigation will be necessary for your case.

What happens during the annulment process?

The Tribunal begins by establishing the facts of the matter of the marriage through documents presented by both aprties and by gathering evidence. The Tribunal learns from the party seeking the annulment (the Petitioner) and where feasible, the other party (the Respondent), about the background and upbringing of each of the parties, their courtship, the story of their marriage and the story since the marriage. 

The Petitioner gives evidence in private and under oath and is required to nominate witnesses who are willing to speak to the facts of the case. Justice demands that the Respondent know of the proceedings, with every effort made to contact them so they can be offered the same opportunity to give evidence in private and nominate their own witnesses.

The Tribunal is only concerned with establishing whether or not there is a basis in fact for nullity, not assigning praise or blame.

When there is enough evidence for the Tribunal Court Judges to make a decision, they issue a formal (and private) judgement. The Petitioner and the Respondent don’t need to attend the judgement.

The judges announce what is called the ‘First Instance Judgement.’ This will either confirm that the marriage is null (a positive decision) or state that the evidence isn’t sufficient for such a decision (a negative decision).

Since December 2015, Pope Francis has determined that a positive decision from the First Instance Court means the marriage is null, and a decree of nullity is given to the parties.

However, sometimes, the case is sent to the Appeal Tribunal for Australia and New Zealand. If the Appeal Tribunal authorises a positive decision, a decree of nullity is issued. If they make a negative decision, it means the marriage remains valid.

It’s important to remember that not all annulment requests are approved. The judges make the final decision after reviewing all the evidence presented to them.