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INTRODUCTORY PROCEDURE FOR A LACK OF FORM CASE The “Lack of Form” is a documentary case which is based on the fact that a baptized Catholic is required to observe the laws of the Church concerning marriage, that is, that a Catholic must contract marriage in the presence of an authorized priest or deacon and two adult witnesses. If that is not observed, the marriage is not considered valid in the mind of the Church. Therefore, the following must be determined prior to seeking a declaration of nullity or invalidity due to Lack of Form: • At least one of the parties to a marriage must be a baptized Catholic who has not formally rejected the faith. The baptism must have taken place before the marriage. • The marriage was contracted by the parties before other than a Catholic priest or deacon (civil official, non‐Catholic minister, etc.) The Petition for Declaration of Nullity (Lack of Canonical Form) • Please fill out the front side of the form as fully as possible. o The names in the first two lines are those of 1) the party petitioning for the declaration and 2) the former (not present) spouse. • Be sure to include the name and address of the priest or deacon who is assisting the person with this process. • On the back side of the form, please fill in the information regarding proposed marriage, if one is planned for the future. Documents needed: • A copy of the marriage certificate showing the name and title of the officiant of the former marriage. • A copy of the certificate of divorce. • A baptismal certificate dated within the last six months (not an original) listing the annotations from the baptismal register. • Affidavits of the non‐convalidation of the union in the Catholic Church: o The Tribunal prefers that these be taken from relatives or long‐time acquaintances, NOT from co‐workers or recent acquaintances. If names and addresses are given, the Tribunal will contact these persons. If affidavits will be submitted with the case, the Catholic chaplain must be assured that they are legitimate and proper. Two items of additional note: •
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A baptized Catholic who has formally rejected the faith before the marriage cannot be given this decree of nullity since that marriage is considered valid. A baptized Catholic who contracts marriage before an Orthodox priest, even without permission of the Catholic Church, contracts a valid marriage. The usual fee for a Lack of Form case is $50.00. The Tribunal ARCHDIOCESE FOR THE MILITARY SERVICES, USA (Ordinariatus Castrensis) Post Office Box 4469, Washington, D.C. 20017‐0469 Telephone: 202‐719‐3603 ∙ Fax: 202‐269‐9651 I, married in , LAST (MAIDEN) NAME ‐ FIRST NAME ‐ MIDDLE NAME RELIGION
, RELIGION PETITION FOR DECLARATION OF NULLITY (LACK OF CANONICAL FORM) Kindly print or type answers. SPOUSE’S LAST (MAIDEN) NAME ‐ FIRST NAME ‐ MIDDLE NAME on before a CITY, STATE DATE PRIEST, MINISTER, MAGISTRATE, ETC. My current military address is: CURRENT MILITARY ADDRESS My permanent address is: NUMBER AND STREET (APT NO.) (HOME OF RECORD) My Social Security Number is SOCIAL SECURITY NO. . . . CITY STATE ZIP . Phone numbers: ( ) ( ) HOME WORK Present name of former spouse: NUMBER AND STREET (APT NO.) PRESENT NAME OF FORMER SPOUSE
He/She lives at: CITY STATE ZIP I solemnly swear (affirm) before Almighty God that the above statements are true and that the obligation of canonical form had not ceased by reason of dispensation or of formal departure from the Church according to c. 1117 and that the marriage was never convalidated in the Catholic Church. Finally, I am unaware of any other impediment to my marrying in the Catholic Church in the future. DATE SIGNATURE OF PETITIONER Please choose one of the following options: I also attach two Affidavits of Non‐Validation from persons who have testified that the marriage was never at any time convalidated before a Catholic priest or deacon or Orthodox priest. I authorize the Tribunal of the Archdiocese for the Military Services, USA to have Affidavits of Non‐
Validation sent to and signed by the following persons who can testify that this marriage was at no time ever convalidated before a Catholic priest or deacon or Orthodox priest: FULL NAME RELATIONSHIP ADDRESS RELATIONSHIP ADDRESS FULL NAME I, the undersigned priest or deacon, testify with moral certitude to the veracity of the Petitioner insofar as it concerns his/her sworn statements. DATE NAME OF PRIEST/DEACON(printed/typed) SIGNATURE OF PRIEST/DEACON FULL ADDRESS ( ) PHONE NUMBER
THIS SPACE IS RESERVED FOR TRIBUNAL USE Proof of Obligation to Form of: Petitioner Respondent CHURCH Date and place of Catholic Baptism: DATE LOCATION I enclose (Send ORIGINALS ONLY. They will be returned.): a. Recent Certificate of Catholic Baptism of myself or of the other party. (Obtained from Church of Baptism, dated less than 6 months ago, and specifying any “Notations” or lack of “Notations.”) b. Certificate of Marriage on which the name and title of the officiant is given. c. Two witness affidavits (cf. reverse of Petition) d. Fee $50.00 e. Divorce or Civil Annulment Decree CHAPLAIN: Please include any necessary additional information, such as: a. Explanation of discrepancies in names or dates in documents: b. Reasons, if any, to suspect marriage may have been convalidated. c. Reasons, if any, to suspect that either party previous to the marriage had formally left the Catholic Church according to c. 1117. DECLARATION OF NULLITY I, the undersigned Judge, am morally certain that the marriage in question is invalid by reason of Lack of Form. JUDGE DATE