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What is
an Annulment? The
term "annulment" refers to an official declaration
by the appropriate Tribunal of the Catholic Church that what
appeared to be a marriage was, in fact, not a true marriage.
Such declarations are made after an extensive investigation
of the marriage by judges in the Tribunal. The investigation
must focus on ground of nullity which are recognized by the
Church and which can be proven as existing from the very
beginning of the marriage. Only for certain grave reasons
will the Tribunal declare that a marriage was never truly a
marriage as understood in the Church teachings.
An annulment does not deny
that a real relationship existed, nor does it imply that the
relationship was entered into with ill will or moral fault.
It means that the relationship fell short of at least one of
the essential elements for a binding union. An annulment is
not a divorce under another name. Whereas a divorce breaks
the true, civil, legal bond existing in marriage, an
annulment is merely the recognition that a valid sacramental
bond (as understood in Canon 1055 of the Code of Canon Law)
never existed in the first place.
Are
there Civil Affects on an Annulment?
In the United States, a Church Declaration of Nullity of
Marriage has NO civil effect whatsoever. Church law
specifically states that children born of a marriage that
has been declared null ARE legitimate. An annulment does not
affect in any manner the legitimacy or custody of children,
property rights, inheritance rights or names. These issues
are under the jurisdiction of the civil courts. The purpose
of the annulment procedure is to serve one’s conscience
and to reconcile persons to full sacramental participation
in the Catholic Church.
Who
May Seek an Annulment? Any
person, whether Catholic or non-Catholic, who considers his
or her own previous marriage to be irretrievably broken and
who has reasons to question its validity according to the
norms of the Church, may petitioner for an annulment. The
Tribunal does not accept an annulment petition until a civil
divorce has been granted.
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