Diocesan Offices: Marriage Tribunal

Since the first century Christians have submitted their disputes to the adjudication of the local Bishop as leader of the believing community. A system of ecclesiastical courts or Church Tribunals gradually evolved to deal with cases touching on the rights, obligations and concerns of members of the Church. The substantive law and procedure to be used in ecclesiastical cases in our modern era is set out in the CODE OF CANON LAW, promulgated in 1983.

The most common formal controversy in the modern Church is that which arises when one party to a Christian marriage challenges the validity of the union and requests a declaration of nullity before a marriage tribunal. The intention behind the plaintiff's suit is that the same Church authority which pronounced the couple man and wife on the day of their exchange of wedding vows will now permit the plaintiff to present evidence which questions the validity of the union.

1-4044 Nelthorpe St., Victoria, BC V8X 2A1
Phone: (250) 479-1331 Fax: (250) 479-5423
Judicial Vicar: Rev. Msgr. Michael Lapierre, JCL
Assistant: Moira Gill

HISTORICAL ORIGINS OF MARRIAGE TRIBUNALS

Since the first century Christians have submitted their disputes to the adjudication of the local Bishop as leader of the believing community. A system of ecclesiastical courts or Church Tribunals gradually evolved to deal with cases touching on the rights, obligations and concerns of members of the Church. The substantive law and procedure to be used in ecclesiastical cases in our modern era is set out in the CODE OF CANON LAW, promulgated in 1983.

The most common formal controversy in the modern Church is that which arises when one party to a Christian marriage challenges the validity of the union and requests a declaration of nullity before a marriage tribunal. The intention behind the plaintiff's suit is that the same Church authority which pronounced the couple man and wife on the day of their exchange of wedding vows will now permit the plaintiff to present evidence which questions the validity of the union.

FREQUENTLY ASKED QUESTIONS

What is Marriage?

The Catholic Church teaches us that marriage is an intimate, exclusive and permanent partnership of a man and a woman which exists for the good of the spouses and the procreation and education of children. Marriage is brought into being by the voluntary and deliberate exchange of consent (marriage vows) of the parties. For the good of all concerned (spouses, children, families, society and the Church) every marriage (whether between Catholics, Christians of other denominations, Jewish persons or non-believers) is presumed to be valid. This is the constant teaching of the Church.

While the Catholic Church upholds the dignity, sacredness and permanence of marriage, it cannot ignore the reality of separation and divorce in our society. The Church must reach out to those who are struggling with the pain of a broken marriage.

What is a Declaration of Nullity?

An Annulment (properly called a Declaration of Nullity) is a decision issued by the Catholic Church, through its Marriage Tribunal, that a given marriage is invalid (not binding) because some essential element of marriage was lacking at the time of the exchange of consent. The question of validity addresses whether the spouses were capable of, and open to entering into a permanent commitment. The Church's nullity process is a way of helping persons come to peace in themselves, and within the community of the Church, after a marriage has irretrievably broken down.

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. This is 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.

Does an annulment affect the legitimacy of children of the marriage?

An Annulment does not affect the legitimacy of children, property rights, inheritance rights, names, etc. The canon law of the Church expressly states that "children conceived or born of a valid or putative (i.e. at first considered valid and later declared null) marriage are legitimate" (canon 1137). Because virtually all marriages are entered into with good faith on the part of one of the parties at least, we can say with all confidence that the status of children is not affected by the granting of a Declaration of Nullity.

Confidentiality

All Tribunal personnel (secretaries, interviewers, judges) have taken an oath of confidentiality. Neither your witnesses, nor your family members, nor your parish priest, nor anyone else will be given access to your confidential file.

If I apply for an Annulment, does my former spouse have to be notified?

Definitely, yes. The Tribunal's task is to determine the true facts of a marriage breakdown and so both parties of the marriage must, in justice, be given the same opportunity to relate his/her experiences and views. Each party is interviewed separately and privately. You will not be required to have any direct contact with your ex-partner. While the Tribunal has a strict obligation to contact your former spouse, it also has a responsibility to proceed with a case, even without the participation or approval of the other party.

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 persons and obtain their permission to be called and interviewed by the Tribunal. All information received from witnesses is seen only by the members of the Tribunal, and is regarded as confidential.

Where do I begin?

The first step is to contact your parish priest. A preliminary interview will explain the process and go over the preliminary forms. When you have completed and returned the forms, we will make an appointment for a formal interview will be made.

What are the steps involved?

* You will be formally interviewed, under oath, by a staff member of the Tribunal.
* We will formally interview your former spouse if he/she agrees to this.
* Witnesses will be interviewed.
* 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.
* You and your former spouse will be sent notice of this decision.
* The case will then be sent to the Canadian Appeal Court in Ottawa for a second reading.
* You and your former spouse will be notified when the case is returned by the Appeal Court.

How long will it take to get an Annulment?

There is no guarantee that a Declaration of Nullity will be granted. Each case is unique and is judged on its own merits. No plans for a new marriage in the Catholic Church can be made until a Declaration of Nullity is granted. The Tribunal cannot predict the length of time needed to process a case. The average length of time for a case is between twelve and eighteen months. However, it is not possible to guarantee this length of time. Much depends on the co-operation of the parties, the availability of witnesses, and the complexity of the grounds. Some Tribunals process cases faster than others, depending on the volume of applications. Canon law requires that cases be processed according to the order in which they are received.

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 the cause which rendered the first marriage invalid has been removed.

Cost

Applicants are asked to cover about half the cost. Currently the portion payable by the applicant is $700, an initial deposit of $200 payable with the initial application. Everyone has the right to present a marriage nullity case, and it remains the policy of the Victoria Diocese that no one will be denied the services of the Marriage Tribunal because of an inability to pay.