EXPLAINING AN ANNULMENT
by Fr. William Saunders
A Protestant friend of mine had a question about annulments, and after my
explanation, said, "Sounds like Catholic divorce." Could you explain the matter better?—A
reader in Annandale
Before addressing the issue of an annulment, we must first have a clear understanding
of marriage. When the Pharisees questioned our Lord about divorce, He replied: "Have you
not read that at the beginning the Creator made them male and female, and declared, 'For
this reason a man shall leave his father and mother and cling to his wife, and the two shall
become as one'? Thus, they are no longer two but one flesh. Therefore, let no man
separate what God has joined" (Mt 19:3-6).
Given this teaching, we as Catholics believe that when a baptized Christian man freely
marries a baptized Christian woman, they form an indissoluble, sacramental bond. This
union is evidenced in the vows they exchange: "I take you to be my wife/husband, to have
and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness
and in health, until death do us part" (Rite of Marriage). These vows express a love that is
permanent, exclusive, faithful, self-giving and life-giving.
Moreover, we must never forget that marriage is indeed a sacrament. The Lord Himself
gives the couple the grace to live the marriage. By turning to the Lord each day and
imploring His assistance, by rejoicing in the countless blessings they share as well as
sharing their crosses with Him, the husband and wife will have a strong marriage. Recently,
a dear friend's father died who had been married to his wife for 66 years. Imagine, 66
years of marriage to the same person. This couple faced the regular routine of life, war and
peace, economic depression and abundance, good health and medical problems; they
faced burying one of their own children; and they faced their own personal and family
difficulties. Yet, they had a strong faith in God and in each other. They never stopped
believing in their vows. That faith and the grace of God kept their marriage strong. One
could honestly see that "the two had become one."
Sadly, though, divorce does occur. The state court considers marriage as a contract, not
as a sacrament. The divorce decree establishes the rights of both parties, and now legally,
the former spouses can marry again civilly. However, in the eyes of God and the Church, an
indissoluble sacramental marriage is presumed to have occurred: "Marriage enjoys the
favor of the law; consequently, when a doubt exists, the validity of a marriage is to be
upheld until the contrary is proven" (Code of Canon Law, No. 1060). One cannot deny that
the couple exchanged those vows before God, their family and their friends, and indeed
the whole Church, and those witnesses presume the vows were freely exchanged and
sincere, "until death do us part." Therefore, no one can just pretend that the marriage
never took place and remarry.
The Church sincerely tries to help those individuals who have suffered the tragedy of
divorce as well as to hold true to the teachings of our Lord. A person who is divorced may
petition the Church to review the marriage and investigate whether a full, free-willed
consent (as much as any person can give) was exchanged at the time of the wedding. The
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Code of Canon Law specifies that "matrimonial consent is an act of the will by which a man
and a woman, through an irrevocable covenant, mutually give and accept each other to
establish marriage" (No. 1057.2)
If the Church determines that a defect in the consent existed at the time of the
marriage, then a Declaration of Nullity (an annulment) would be granted. Such a
declaration proclaims that one or both parties did not (or could not), give a full, free-willed
consent, and therefore no indissoluble, sacramental bond was established. Yes, a
ceremony took place, but no sacrament occurred.
In investigating these cases, the Tribunal of the diocese carefully examines the
circumstances of the couples at the time of the marriage; such circumstances include their
age and maturity; a pattern of alcohol, drug or any substance abuse; physical or emotional
abuse in their personal history and in their relationship; deviant sexual practices; any
conditions placed upon the marriage or attempts to marry; and the ability to enter a
permanent, faithful, exclusive union. In examining these circumstances and how they
impact upon the couple's ability to make a full, free-willed consent, the Tribunal looks at
the couple's relationship during the courtship, the time of marriage, and their life lived in
marriage. The Tribunal will also ask for witnesses who knew the couple during this time
frame and contact them to answer specific questions. Moreover, the proceedings are done
under strict confidentiality.
Sometimes people ask, "If a marriage is annulled, does this make the children
illegitimate?" The Declaration of Nullity simply states that a sacramental marriage did not
take place and therefore both parties are now free to marry. The declaration has no civil
bearing on the legitimacy of children.
Another question arises concerning the status of a divorced person in the Church. Since
divorce involves a civil decree by the state and is not recognized by the Church, a divorced
person remains in good standing and may receive the sacraments. However, if a divorced
person remarries without a Declaration of Nullity, then strictly speaking, an act of adultery
is committed; since the first marriage still is presumed valid, remarriage without an
annulment places the person in a state of mortal sin. Therefore, the Church encourages a
divorced person who may think he may one day remarry to see his parish priest and
pursue the annulment process.
The Church must be very careful in administering this annulment process. In 1968, 338
annulments were granted in the United States; in 1990, 62,824 were granted. (79,067
Declarations of Nullity were granted for the entire Church throughout the world, revealing
the disproportionate number in the United States.) Never should the Church give the
impression that the annulment process is merely a burdensome, rubber-stamping, hoopjumping game which eventually leads to a guaranteed annulment. No such guarantee
exists. Never should a couple enter marriage thinking, "Well, if it doesn't work out, I can
always get it annulled." Rather, we must teach and uphold that marriage is for life. Couples
should be encouraged to spiritually prepare for entering the sacrament of marriage and for
making a Christ-centered marriage.
The above article appeared in the May 16, 1996 issue of "The Arlington Catholic Herald."
Courtesy of the "Arlington Catholic Herald" diocesan newspaper of the Arlington (VA) diocese.
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WHAT IS AN ANNULMENT?
In the Roman Catholic Church, an annulment refers to a tribunal’s (church court) ruling
that a marriage between a man and a woman is invalid due to specific circumstances
within the relationship that prevented the formation of a spiritual bond, which
consequently prevented them from fully entering into the sacred bond of matrimony with
one another.
WHAT IS THE DIFFERENCE BETWEEN A DIVORCE AND AN ANNULMENT?
Typically, divorce refers to a process which dissolves a marriage from all civil and legal
aspects. An annulment does not dissolve a marriage civilly, legally, or even spiritually.
Rather, it declares that a marriage never truly existed due to the absence of the spiritual
bond which is essential to the Church’s definition of matrimony.
WHAT ARE THE GROUNDS FOR AN ANNULMENT?
In order to grant an annulment, authorities of the Roman Catholic Church must determine
with absolute and moral certainty that this spiritual bond never formed between a man
and a woman. While each relationship is unique and must be investigated accordingly,
some circumstances which may prevent the formation of the spiritual bond include:



False/Contrary Intentions. (example: if one or both partners believe from the very
beginning that divorce is a future option if the marriage does not meet their
expectations and/or needs)
Mental Incapacity. (example: if one or both partners does not possess the level of
mental maturity or stability to commit to the marriage)
Outside Forces / Influences. (example: if one or both partners is pressured or
forced to enter into the marriage due to pregnancy or other social conformities)
Certain steps within the Church’s annulment process are designed to assist
individuals in identifying the exact circumstances which prevented the formation
of the spiritual bond in their relationship, before the case is presented to the
tribunal for a ruling.
WHY IS AN ANNULMENT FROM THE CHURCH NEEDED?
Anyone—either Catholic or non-Catholic—who wishes to be married in the Roman Catholic
Church will need an annulment from the Church if he/she was previously married to a
person who is still living. Even if the previous marriage did not take place within the
Catholic Church, an annulment is still required.
Catholics who are legally divorced from their spouses may also wish to pursue an
annulment from the Church as soon as the civil process has been completed. *Although
this is not necessary in order for divorced Catholics to remain in good standing with the
Church, it may be beneficial in helping them to identify why the marriage failed, and also
allow them to clarify their marital status before they consider committing themselves to
another relationship in the future.
*Divorce is not a sin in the eyes of the Roman Catholic Church; therefore, divorced Catholics
may remain in good standing and continue to receive Holy Communion. However, if a
Catholic remarries outside of the Church, and/or enters into a sexual relationship with
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another individual, he or she can no longer receive Holy Communion.
HOW LONG CAN THE ANNULMENT PROCESS TAKE?
Again, each relationship is unique and thus requires its own specialized investigation
before the church tribunal will issue a ruling on the annulment process. The length of time
this requires will vary from case to case, making it difficult to offer a solid time estimate.
Some annulments may be granted in a matter of months, while others could potentially
take a year or more.
WHAT SHOULD I DO IF I AM READY TO BEGIN THE ANNULMENT PROCESS?
Those who are seeking an annulment should contact their local parish priest, who can
advise them on how to proceed according to all the necessary guidelines.
Above Source: diolaf.org
Important notes:
 A declaration of nullity/annulment is not a Catholic divorce. An annulment is simply a
decision on the circumstances surrounding a marriage that prevent the exchange of vows
from being a sacramental marriage.

Simply because a marriage case is accepted for investigation by the Tribunal is not a
guarantee that an annulment will be granted. Both grounds for nullity and positive proof
must be produced. Infidelity itself is not sufficient grounds for an annulment.

The marital status of the parents does not affect the status of the children. All children are
created in God's image and have equal status in the church. Neither civil law nor church law
considers the children of an annulled marriage illegitimate. Nor does the annulment imply
that the children were not the fruit of a genuine human love.

Annulments are not a money making enterprise. The fee required for a declaration of nullity
is not for the “payment of an annulment.” The office which handles the Annulment process
requires a staff. Without trying to sound mercenary, the Tribunal must insist on payment of
the fee.
More information:
Overview of what an annulment is:
http://www.ewtn.com/expert/answers/annulment.htm
Common Questions and Answers about annulments
http://foryourmarriage.org/catholic-marriage/church-teachings/annulments/
Reasons why annulments can be granted:
http://www.ewtn.com/expert/answers/marital_consent.htm
On Receiving Communion when Divorced and Remarried
http://www.ewtn.com/expert/answers/communion_of_divorced_and_remarr.htm
A look at the growing trend of annulments:
http://www.ewtn.com/library/marriage/annul.txt
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