Introduction to the Marriage Process

Although a Tribunal deals with various issues, e.g. when a parish is to be built, how old a confirmation sponsor must be, the most common type of case to be addressed by the court is a marriage case. A person – any person – may approach the Tribunal if he/she believes that their marriage was null.
The nullity may arise from a lack of proper canonical form of marriage, from an impediment preventing a person from marrying (e.g. one or both parties have a prior bond of marriage, the parties are blood related, one party is not of the legal age to marry, etc.), or from a defect of consent (e.g. a person lacked the knowledge or maturity necessary to enter into a covenant of marriage). It is of utmost importance that the entire relationship is examined, and it is also crucial that a person’s views on marriage be revealed as well. The declaration of nullity is not a Catholic divorce; the declaration is a claim that at the moment that the couple professed their fidelity and commitment to one another, there was something flawed in the exchange of consent. Although it is often difficult for parties to reveal information, it is the only way that the court can determine whether or not the consent was valid.
The process endured through such a case can be very painful for parties involved; however, many of those who have undergone the process have found it healing, and for those who obtain an annulment in order to return to full communion with the church have found that the opportunity to return to their faith brings them a great deal of peace and fulfillment.