Archdiocese of Oklahoma City
Tribunal

Practical Questions and Answers

The following questions and answers address the legal procedures of the Church and their application. They allow separated spouses to have their grievances heard and to determine their marital status in good conscience before God and the Church.

How does the Catholic Church define marriage?

 The Church teaches that marriage, within God’s plan, is an intimate partnership of life and love.  The Church expects a man and a woman to commit themselves to each other for life. They are to be faithful to each other and open to children.  Husbands and wives render mutual help and service to each other through an intimate union of their persons and of their lives.  In short, marriage is a union of two persons, an interpersonal relationship which includes the sharing of the whole of their lives.  This commitment of spouses presumes sufficient maturity, freedom, knowledge and psychological capacity.

 What is a declaration of nullity?

 The term “annulment” is a popular, but not accurate word for what is called a declaration of nullity or decree of invalidity. A decree of invalidity is an official declaration by the Tribunal that what appeared to be a marriage was, in fact, not a true marriage as the Church understands it.  A decree of invalidity does not deny that a relationship existed nor does it imply that the relationship was entered into with ill will or moral fault.  Rather, after a careful and thorough study, the Tribunal issues a decree of invalidity when it is proven that some ingredient necessary for a true marriage (e.g., proper intention, sufficient psychological maturity, capacity, freedom and knowledge) was lacking when consent was exchanged. 

Is there a difference between a civil divorce and an ecclesiastical decree of invalidity?

 Yes, A civil divorce is a legal action whereby the division of property and custody of children having been settled, a civil dissolution is granted, and husband and wife are declared free by the same civil authority to enter a new marriage with a different partner. The civil procedure does not question the validity of the initial consent in that marriage. By contrast, in the canonical process, if the gathered factual evidence, examined in the light of Canon Law, shows that a particular marriage was not canonically valid; the Church's Tribunal declares it null and void. This is the ecclesiastical Decree of Invalidity (colloquially called an "annulment").

Who may apply for a decree of invalidity? 

 Anyone, baptized or un-baptized, Catholic or non-Catholic, may petition for a decree of invalidity.

Are Catholic marriages the only ones which need to be examined before a new union can take place in the Catholic Church?

An erroneous impression, very common among Catholics, is that the Church recognizes as valid only the marriages of Catholics. The reality is that the Catholic Church recognizes as valid not only the marriages celebrated in the Catholic Church between Catholics, but also those of baptized non-Catholics, as well as those of the non-baptized. Valid marriages between baptized people (Catholics or non-Catholics) are Sacraments; those between non-baptized are not Sacraments, but are "natural bonds" because they are contracted according to the natural law, rather than by the sacramental bond that comes through Baptism. Therefore, if a Catholic wishes to marry a divorced, baptized non-Catholic, or a divorced, non-baptized person, a decree of invalidity would have to be issued by a Catholic Tribunal before any new union can take place in the Church.

How does canon law view the children born of a marriage which is later declared to be null?

 A decree of invalidity does not effect in any manner the legitimacy of children, names, property, maintenance payments, inheritance rights or other matters dealt with in the civil courts. As a matter of fact, the law of the Church expressly states that "children conceived or born of a valid or putative (i.e. at first considered valid and later annulled) marriage are legitimate." (Canon 1137)

What is the process and how do I begin my case?

Please consult your parish staff on how to begin the process as each person’s situation is different. Your priest or deacon will assist you with the preliminary paperwork required in starting your particular case. You will need to provide a copy of your marriage certificate and your final divorce decree. If you are Catholic, a current baptismal certificate is required as well. If you were originally married in a civil rite and a ceremony was later celebrated in the Catholic Church, a sacramental certificate of when and where the convalidation was celebrated is also necessary.

What is the financial cost for the canonical process?

 Funding for our Tribunal comes from the Archdiocesan Development Fund (ADF).

 How long does the whole process take?

 Each case is unique and processing time varies for each case.  Such factors as the strength of the grounds, the involvement and insight of the petitioner and respondent, the cooperation of witnesses and the quality of their testimony, and the requirement for a review of every case by an Appellate Court have a significant effect on the length of time each case takes.  Generally at the present time, it takes between nine to twelve months to complete.

What about confidentiality?

 Inspection of the acts only takes place by prior appointment at the Tribunal office during those times provided by Church law.  Parties are notified of their opportunity during the course of the investigation.  Documents or copies or notes may not be removed from the Tribunal.

Is one free to remarry in the church after receiving a decree of invalidity?

 If a marriage is declared invalid and the decision confirmed by the Court of Second Instance and there are no restrictions concerning remarriage, the usual procedure of preparing for marriage in the Catholic Church may be started by contacting the local parish.  The respondent derives the same benefits as the petitioner from a decree of invalidity and is free to re-marry in the Church once a affirmative decision has been rendered.   If a marriage is declared invalid for causes that may still exist, a second marriage obviously cannot be permitted until it has been demonstrated that the cause which invalidated the first marriage has been removed.  Therefore a professional evaluation and counseling may be required in such situations, along with pastoral counseling.  Again, such a restriction can be placed on one or both parties.