The Marriage Tribunal provides service to those who have been previously married and are seeking a Declaration of Nullity, either for their own peace of mind or in order to enter into another marriage in the Catholic Church. To some, the failure of a marriage is seen as an unforgivable sin in the Catholic Church and the process itself is viewed as lengthy and replete with “red tape”. Neither of these statements is true. The Tribunal approaches persons with compassion and understanding. When a case is completed, participants often experience a sense of closure, gratitude, and peace.
The Code of Canon Law dictates the protocols to be followed in issuing a Declaration of Nullity. For “formal” cases, this procedure is both labour intensive and costly. Most cases are examined by a least four canon lawyers (three Judges and a Defender of the Bond). Other personnel such as notaries, auditors, transcribers and advocates are also on staff. The time it takes to complete a case varies but most files are completed in a year or less.
The Marriage Tribunal is an important pastoral service which is heavily subsidized by the Archdiocese of Winnipeg. There is no charge for marriage nullity cases. However, tax-deductible donations are welcomed and appreciated at any time.
Canon Law is the oldest system of law still in use in the world. It is a system of law which regulates the Church and its members. Canonists study for either a license (3 years) or a doctorate (2-6 additional years) at a university with a faculty of Canon Law, such as St. Paul University in Ottawa.
Tribunals are overseen by a Judicial Vicar who exercises the judicial power which belongs to the Diocesan Bishop. Church law requires every Diocese to have or participate in a Tribunal. Marriage cases are only one type of many different kinds of cases handled by Church Tribunals.
A divorce is a statement issued by civil authority which states that a marriage has irreparably broken down.
A Declaration of Nullity states that an element essential to the requirements and understanding of the Church was missing and that a canonical Church marriage never came into existence.
Yes. Church law requires a Tribunal to be certain that a reconciliation is not possible. One way of determining this is through the evidence of a civil divorce.
No. A Declaration of Nullity does not make children illegitimate because the children were born at a time when the marriage was presumed to be valid. A Declaration of Nullity in no way retroactively changes this fact.
Yes. Both parties have the right to challenge or defend the marital bond.
Your former spouse has rights which must be respected. A former spouse is cited and given the opportunity to participate. If he or she fails to respond to the citation, then he or she can be declared absent and the case can proceed. If your former spouse’s rights are not respected, the process would be liable for a complaint of invalidity.
Confidentiality is integral to the process and all Tribunal personnel take oaths of secrecy. The principals in the case (Petitioner and Respondent) do have the right to view certain testimony, but there is no obligation to do so.
Yes. The Tribunal officials will assess the credibility and objectivity of any witness testimony according to the norm of Canon Law.
Without witnesses it is almost impossible for a case to proceed because there would be too little evidence for Judges to reach moral certitude. It might be possible to judge a case without witnesses if there is documentary evidence of an exceptionally strong nature.
In some situations, it is possible to have an interpreter present during the interview.
In British Common Law countries such as Canada there are no civil effects to Tribunal proceedings.
The Church recognizes the pain and suffering that occurs in marital breakdown, especially in cases of adultery. However, in the case of adultery, a Declaration of Nullity is not viewed in the same way as it is in a divorce. While adultery may indicate a level of immaturity or an intention against fidelity, it is not in and of itself a grounds for nullity. A Declaration of Nullity must not be seen as either a reward for good behaviour or a punishment for immoral behaviour. A Declaration of Nullity is a statement that there was a fundamental problem in the marital relationship.
It depends on the nature of the case. Delays can occur when witnesses are not cooperative or forthcoming. As a rule, Petitioners should allow one year from the time of acceptance until a decision becomes final. Extensions to this timeline would occur if the case is appealed to a higher Tribunal, either by the parties or by the Defender of the Bond. If such a situation occurs, the case would be referred to the Canadian Appeal Tribunal in Ottawa and would add to the length of the case.
This new processus brevior has stringent requirements. Firstly, it must be manifestly a case of invalidity (An extreme example is someone forced to marry at gunpoint.). Secondly, both parties must agree to and participate in the Petition. If a Respondent does not respond to the citation, disagrees with the Petitioner, or is not locatable, the briefer process cannot be used. Proofs for a processus brevior must also be readily available.
All cases are processed following the order in which they are accepted. Priority can only be given when there is a situation of terminal illness. No dates should be set for a marriage until a final decision is made.
The marriage tribunal is a ministry of the Archdiocese and, as such, is subsidized by the Archdiocesan budget. However, those who benefit from this ministry are asked to contribute to the costs. However, no members of the faithful will be turned away due to lack of funds.
All marriages (whether civil or in another religion) are presumed valid by the Church until proven otherwise. The Church would consider your fiancé to be validly married and therefore not free to marry you. An investigation would need to be undertaken with a view to granting a Declaration of Nullity.
A Declaration of Nullity can provide a sense of closure to a divorced Catholic. In addition, the future may hold an unanticipated new relationship which might lead to the desire for a second marriage.