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WHAT IS MARRIAGE? The Catholic Church describes the sacrament of marriage as “a
mutual gift of the two persons” which finds its clearest symbol
in the covenant of faithful and forgiving love initiated by God
with the chosen people. Faithful to the Lord’s call, expressed in the Gospels and in the
Tradition of the Church, the Church sees marriage as a covenant
between a man and a woman whereby they establish between
themselves a partnership for their whole life. Of its very
nature, this partnership is ordered to the well-being of the
spouses and to the procreation and upbringing of children. The
nature of this covenant demands total fidelity on the part of
the spouses and establishes an unbreakable oneness between them. The Catholic Church teaches that every valid marriage is
permanent and that a valid marriage between baptized persons is
a sacrament. For the good of all concerned (spouses, children,
in-laws, society and the Church) every marriage, whether between
Catholics, Christians of other denominations, Jewish persons or
non-believers, is presumed to be valid. WHAT IS A
DECLARATION OF NULLITY? A declaration of nullity is a judgment from the Catholic Church
that a marriage was not a valid Christian marriage as the Church
defines marriage. Because the Church sees marriage as a call to
mutual self-giving for the good of the spouses and the nurturing
of children, the question of validity addresses whether the
spouses were capable of, and open to, entering into a permanent
commitment. If it can be shown that something essential was
lacking at the time of the exchange of vows, then the Church
declares the marriage “null.” The annulment process can also
help people to come to peace with themselves, and with the
community of the Church, after a marriage has ended in civil
divorce. ARE THERE ANY CIVIL EFFECTS TO A DECLARATION OF NULLITY? A church declaration of nullity has no civil effects in Canada.
It is not a civil divorce, for it does not dissolve an existing
marriage. It does not affect the legitimacy of children,
property rights, inheritance rights, names, etc. It is simply a
declaration from the Catholic Church that a particular union,
presumably begun in good faith and thought by all to be a
marriage, was in fact an invalid union as the Church defines
marriage. There is no attempt in this study to attach blame or
to punish persons. On the contrary, the purpose of the procedure
is to serve one’s conscience and spirit, and to reconcile
persons to full participation in the community of the Church.
WHAT IS THE ROLE OF THE TRIBUNAL? The Tribunal has a staff of specially trained and experienced
priests, religious and lay persons who offer assistance to
persons who request that the Church study a marriage in order to
determine whether or not there are any grounds acceptable in
church law for a declaration of nullity. The Tribunal then
investigates the marriage following judicial process, and
declares whether or not invalidity has been proven beyond a
reasonable doubt. The guidelines used by the Tribunal are the gospel teachings of
Jesus Christ and the Law of the Catholic Church. Pope Pius XI
defined the role of the Tribunal in these words: “to care for
the dignity of marriage; to work for the good of the persons.”
The Tribunal works towards this end by diligently protecting the
rights of a man and a woman in a specific marriage as well as
the rights of the Church, which has been charged by Christ to be
the guardian of the Sacrament of Matrimony.
WHERE DO I BEGIN? Contact either your parish priest or the Marriage Tribunal at
(604) 683-0281 to arrange a preliminary interview, during which
a member of the Tribunal staff will explain the process and go
over the preliminary forms with you. When you have completed and
returned the forms, an appointment for a formal interview will
be made. For more information, call (604) 683-0281 and ask to speak to a
member of the Tribunal staff. Vancouver Regional Tribunal
150 Robson Street, Vancouver, BC
V6B 2A7 Canada
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HOW MUCH WILL IT
COST? The work of the Tribunal is one of the many services of the
Catholic church. The right to present a marriage case, after a
civil divorce has been granted, is available to anyone who has
serious grounds, whether or not they can meet the entire costs
involved. The fee helps to defray the costs of salaries of
professional personnel, postage, long distance telephone calls,
copying documents, the Appeals Court fee and many more items of
significant expense in operating a full-time and efficient
office. WHAT ARE THE STEPS INVOLVED?
You will be formally interviewed, under oath, by a staff member
of the Tribunal; We will notify your former spouse for a formal interview if
he/she agrees to participate; Witnesses will be interviewed and experts may be consulted; The gathered testimonies will be reviewed by the Defender of the
Bond for his/her observation; Three Judges will study the Acts and give their decision; The case will them be sent to the Canadian Appeals Tribunal in
Ottawa for a second reading; You and your former spouse will be notified when the case is
returned by the Appeal Court.
WHY IS MY FORMER SPOUSE CONTACTED? Catholic Church law requires us to notify your former spouse of
the fact that you are seeking a declaration of nullity of your
marriage. This is required so that your former spouse may also
be interviewed to give testimony. WHAT ABOUT
WITNESSES? We require from you the names of witnesses (people knowledgeable
about both parties during the courtship and marriage), who
assist the Tribunal in a deeper understanding of you, your
spouse and your marriage. We ask you to contact these people and
obtain their permission to be called and interviewed by the
Tribunal. All information received from witnesses is seen only
by members of the Tribunal and is regarded as confidential.
Sometimes doctors, psychologists, professional counselors have
been consulted before or during a marriage in order to assist a
person or couple. If this is true in your case, please provide
the complete name(s) and address(es) of the professionals. After
you have signed a release provided by the Tribunal, the
professional(s) may provide us confidentially with information
that may be of great value in the study of the marriage.
HOW LONG WILL IT TAKE? Although we try to process each case in a timely and efficient
manner, some cases do take longer than others. It is not
possible to guarantee any length of time because of factors such
as difficulty in contacting witnesses or having their
cooperation. Please note that a date for remarriage in the Church CANNOT BE
SET until a declaration of nullity has been actually granted and
confirmed by the Appeal Tribunal in Ottawa. WHEN SHOULD I
CALL? Please contact us if you have new evidence to support your case
or if you have names of additional witnesses. Let us know if you
have a change of address and/or phone number. Whenever you call or write us, please refer to your case
according to the reference number and names under which it is
entered. WHAT ABOUT REMARRIAGE IN THE CATHOLIC CHURCH? If the marriage is declared invalid and there are no
restrictions concerning remarriage, the usual procedure of
preparation for marriage in the Catholic Church may be started
with the priest of your Parish or of the Parish of the Catholic
person whom you intend to marry. If a marriage is declared invalid due to a possible ongoing
cause, a second marriage obviously cannot be permitted until it
has been demonstrated that this cause which rendered the first
marriage invalid has been removed. |
