Marriage nullity cases

What a declaration of nullity is, and isn’t

It is not a “Catholic divorce,” and it does not deny that a relationship existed or that there was love. The Church presumes every marriage is valid until the contrary is proven c. 1060. A tribunal examines whether, at the time of the wedding, something essential was missing: in the capacity or the consent of one or both spouses, through an impediment, or in the form of the celebration.

Children born of the marriage remain legitimate c. 1137, and a declaration has no effect on civil matters such as custody, support or property.

Common grounds

• Lack of discretion of judgment or incapacity to assume the essential obligations of marriage c. 1095
• Simulation (excluding permanence, fidelity, children or marriage itself) c. 1101
• Fraud or deceit about a quality that could seriously disturb married life c. 1098
• Error about the person or a quality directly intended c. 1097
• A condition placed on consent c. 1102
• Force or grave fear c. 1103
• Impediments such as a prior bond or lack of age cc. 1083–1094, or lack of canonical form c. 1108

Choosing the right ground, and presenting the facts that actually prove it, is often the single most important decision in a case.

The three processes

The ordinary process is used for most cases. Evidence is gathered from the parties and witnesses, a defender of the bond argues for validity, and a panel of judges decides. The law asks that a first-instance case not exceed a year c. 1453, though real timelines vary by tribunal.

The briefer process before the bishop is available when both spouses ask for it (or one asks and the other consents) and the nullity is evident from the facts cc. 1683–1687.

The documentary process applies when nullity can be proven by documents alone, such as a lack of canonical form or a prior marriage cc. 1688–1690.

Since the 2015 reform Mitis Iudex Dominus Iesus, an affirmative decision becomes enforceable if no one appeals c. 1679.

How I help petitioners

• Assess your story honestly before you file, including whether a case is likely to succeed
• Draft the petition (libellus) and identify the strongest grounds
• Prepare you for your interview and help you choose and brief witnesses
• Review the acts of the case when they are published and propose further evidence c. 1598
• Write the brief arguing for nullity and answer the defender of the bond
• Advise on appeal if the decision goes against you

If you are the respondent

Many people first learn of a case when a letter arrives from a tribunal. It can be upsetting. You have real rights: to be heard, to propose witnesses, to review the evidence, to respond, and to appeal. You may also choose not to take part. I can help you decide how to respond and make sure your account is fairly presented, whether you support or oppose the petition.