Clarification of Terms

1. What is Marriage?

 
Marriage is a covenantal agreement by which a man and a woman establish between themselves a partnership of the whole of life and which of its nature is ordered to the good of the spouses and to the procreation and education of offspring.
Christ the Lord has raised marriage to the dignity of a sacrament between the baptized. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament. (c. 1055 §§1-2).
Marriage also can be defined as a covenant by which a man and a woman establish a relationship of life and love between themselves and by which the good of the spouses and the good of children is ordered according to the divine laws of God and the proper laws of the Church.
 

2. What is Matrimonial Consent? 

 
Matrimonial consent is an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage between themselves. The consent of the parties, legitimately manifested between persons qualified by law, makes marriage. (c. 1057 §§1-2).

If the marital consent, or exchange of marriage vows, is invalidly exchanged by either or both parties, then a marital partnership for life has not been established. “The Church holds the exchange of consent between the spouses to be the indispensable element that makes the marriage.” (Catechism of the Catholic Church, no. 1626).
 

3. What is Marriage Annulment?

 
Annulment, properly called a “declaration of nullity,” is an official statement by the Catholic Church that a marriage, even if celebrated in good faith by at least one of the spouses, was invalid from the moment the vows were exchanged.

This invalidity may arise due to a canonical impediment present at the time of consent on the part of at least one party, for example, a prior bond, or a defect of consent by at least one party, for example, psychological incapacity, simulation, or grave force and fear.
Marital consent must be an act of the will of each of the contracting parties and must be free of coercion or grave external fear. If this freedom is lacking, the marriage is invalid. To express marital consent freely means that one is not under constraint and one is not impeded by any natural or ecclesiastical law. (Catechism of the Catholic Church, nn. 1625, 1628).
 

4. Why do People Petition for Annulment?

 
Many people petition for an annulment for personal and spiritual reasons. These may include seeking peace of conscience, healing from emotional wounds caused by a previous marriage, or gaining insight into themselves and their past relationships. For some, an annulment offers a path to reconciliation with the Church and a return to the sacraments. Others may wish to receive the sacraments for the first time or to begin a new chapter in their spiritual journey. Ultimately, an annulment can provide sacramental and spiritual freedom from the bond of a past marriage, offering closure and the grace to move forward in faith and hope.
More importantly, the principal reason for declaring a marriage invalid is to protect the dignity and sanctity of marriage. The Catholic Church holds in high regard the vocation and holiness of marriage. It ensures that each marriage meets both scriptural and canonical requirements for a valid, sacramental bond. When these requirements are not met, the marriage is declared invalid.
 

5. What are the Differences between Divorce and Annulment?

 
There are fundamental distinctions between divorce and annulment, both in their nature and in their implications.
 

1. Nature and Authority. A divorce is a civil legal act carried out by civil law authorities, declaring that a marriage, recognized as valid under civil law, has come to an end. It presumes that the marriage was legally binding and then formally terminates that bond. By contrast, an annulment is an ecclesiastical judgment rendered by the competent authority of the Church, declaring that a valid sacramental marriage was never present from the very beginning. It does not dissolve an existing marriage, but determines that no true marital covenant ever existed in the eyes of the Church, despite outward appearances.
2. Focus and Perspective. Divorce evaluates the post-wedding breakdown of the relationship. It looks at what unfolded during the marriage—conflicts, failures, behaviors, and the deterioration of the spouses’ relationship—in order to determine why they can no longer continue together. Annulment, however, looks back to the period prior to and at the moment of consent and asks whether a valid marriage ever truly began. To answer this, the Church investigates the intentions, attitudes, psychological readiness, and understanding of both individuals at the time of the wedding.
3. Grounds and Evidence. In divorce, the legal system is primarily concerned with events that occurred during the marriage, using these events as the basis for deciding whether the marital bond should be terminated. In annulment, the Church also considers post-nuptial events, but not as the primary or central focus. Rather, these events are considered signs of pre-existing causes, attitudes, or intentions—such as a lack of genuine consent or an incapacity to fulfill essential marital obligations. Thus, while divorce focuses on the causes of the breakdown of the marriage, annulment considers the causes that led to the breakdown of the marriage as evidence to determine whether an invalidating factor was present before the vows were exchanged.
4. Legal and Canonical Effects. Divorce terminates a marriage from a specific point in time, that is, after the wedding and after the deterioration of the relationship. The marriage is acknowledged as once valid but is now legally dissolved. Annulment, by contrast, is retroactive in its effect: it declares that the marriage was null from the very beginning. Rather than ending a valid marriage, it recognizes that no valid marital bond ever existed in the eyes of the Church. Therefore, divorce ends a presumed-valid marriage, while annulment states that a canonically valid marriage never truly existed.

 

6. What is the Difference between Annulment and Dissolution of Marriage?

 
An annulment declares a marriage invalid. Dissolution, however, dissolves a valid marriage. The key difference is this: in an annulment, the marriage is declared invalid; in a dissolution, the marriage remains valid, but the Church grants a dispensation to the petitioner to contract a new marriage in the Church, either in favor his or her own Catholic faith or in favor of the Catholic faith of his or her fiancé or current civil spouse.

In conclusion, annulment annuls an invalid marriage, and dissolution dissolves a valid marriage. “Therefore, the distinction between the declaration of the nullity of a marriage and the dissolution of a marriage must be kept clearly in mind also in regard to terminology.” (Dignitas Connubii, art. 7 §2).

There are two forms of the dissolution of marriage: Pauline Privilege and Petrine Privilege, both of which are the favor of the faith cases. (Pauline Privilege and Petrine Privilege cases are treated respectively under question 31 and 32 below).
 

7. What is Favor of the Faith?

 
The favor of the faith is a special dispensation granted by the Archbishop or the Pope to a petitioner who was unbaptized prior to the marriage and remained unbaptized throughout the duration the marriage so that the marriage is dissolved in favor of the Catholic faith of the petitioner who is now converting or has converted to the Catholic Church, or in favor of the Catholic faith of the fiancé or current civil law spouse of the petitioner, if the petitioner does not yet wish to convert to the Catholic faith.

In a favor of the faith case, the petitioner is converting or has converted to the Catholic Church and wishes to marry in the Church, or the petitioner does not wish to convert but wishes to marry a Catholic in the Church. In such a case, the petitioner’s previous marriage, which the Church considers valid, is dissolved for the sake of his or her Catholic faith or for the sake of the Catholic faith of the Catholic party whom the petitioner wishes to marry.
 

8. What is a Diriment Impediment?

 
A diriment impediment is a personal quality or an external factor which disqualifies or prohibits a person from contracting marriage validly in the Catholic Church. Examples of diriment impediments are:
 

• age, that is, a man under the age of sixteen cannot marry validly, and a woman under the age of fourteen cannot marry validly. 
• impotence that both predates the marriage and continues throughout marriage.
• prior bond, that is, a person, whether Catholic or non-Catholic, who has been previously married cannot validly marry another person in the Catholic Church unless the previous marriage is declared null or dissolved by the Catholic Church.
• disparity of worship, that is, a Catholic cannot marry an unbaptized person without dispensation or authorization from the archbishop or his delegate.
• spiritual relationship, that is, for Eastern Catholics, a Godparent and a Godchild cannot marry validly.

 
Each one of the foregoing impediments is a canonical ground for which a marriage can be declared invalid.
 

9. What is Defect of Consent? 

 
Defect of consent is the lack of sufficient use of reason, discretion of judgment, psychological capacity, and freewill regarding the decision to marry. Defect of consent also includes the deliberate intention, prior to the marriage, to marry for the wrong reasons, to exclude fidelity, procreation of children, or permanence from the marriage, to say or do things that would be harmful and detrimental to one’s future spouse, or to deceive one’s future spouse in order to marry the person.

When there is a defect of consent on the part of one or both parties, the marriage is considered to have been contracted invalidly. “The Church holds the exchange of consent between the spouses to be the indispensable element that makes the marriage.” (Catechism of the Catholic Church, no. 1626).

If consent is lacking or is deficient, there is no marriage. Most marriages are declared invalid due to defect of consent on the part of one or both parties.
 

10. What is a Petitioner?

 
A petitioner is the person who has petitioned the Tribunal for the declaration of the nullity of his or her marriage to his or her former spouse. Catholics and non-Catholics, baptized or unbaptized, can petition the Tribunal for a declaration of the nullity of their former marriage.
The petitioner is encouraged to participate in the process by, for example, providing oral or written testimony to the Tribunal and the names and addresses of witnesses, by making arrangement with the Tribunal later in the process to review all the testimonies gathered in the case, and by rebutting or confirming statements made by the other party and by witnesses.
 

11. What is a Respondent?

 
A respondent is the person whose former spouse has petitioned the Tribunal to have their marriage declared invalid by the Tribunal. The respondent is encouraged to participate in the process. For example, the respondent can participate in the process by providing oral or written testimony to the Tribunal, by providing the names and addresses of witnesses, by making arrangement with the Tribunal later in the process to review all the testimonies gathered in the case, and by rebutting or confirming the statements made about the parties and the marriage by the petitioner and by witnesses.
 

12. What is a Witness?

 
A witness is someone who is distinct from the petitioner, from the respondent, and from the judge and who has been named by the petitioner, respondent, or judge as someone who knows the parties prior to the marriage and who can provide information to the Tribunal about the parties and the marriage. Among those who can serve as witnesses are parents, siblings, relatives, and childhood friends, whether or not they are Catholics.

Those who agree to be witnesses are to be told beforehand by the party who has given their names and addresses to the Tribunal. They are then later contacted by the Tribunal to obtain their testimony. They may be asked to appear before the Tribunal to provide oral testimony, or they may be sent written questions to answer and mail back directly to the Tribunal. If a witness prefers to provide oral testimony to the Tribunal, please inform the Tribunal beforehand so that arrangements can be made to take the person’s testimony orally.
It is not permitted to provide witness testimony at the time the petition is submitted to the Tribunal or any time after the petition has been submitted. It is the responsibility of the Tribunal to request testimony directly from witnesses.

A witness need not be a Catholic. The best witnesses are those who have knowledge of the parties before the marriage.

The testimonies of witnesses are provided to the Tribunal individually and separately. Even if two people share the same address, such as a husband and wife, they are each cited by the Tribunal separately and individually. The statements provided by two people who live under the same roof should be completed, signed, and submitted individually to the Tribunal.
It is not permitted for witnesses to share their testimony with any of the parties or with other witnesses either prior to or subsequent to mailing their testimony to the Tribunal. If there is a court hearing, each witness will be invited to provide his or her own testimony orally to the Tribunal.

Children are not permitted to be witnesses because, in most cases, they would not have been born prior to the marriage and, therefore, have no firsthand information to provide to the Tribunal about their parents or their parents’ marriage. Moreover, children should not be made to take sides against either of their parents. Although children from a previous marriage may act as witnesses, it is up to the judge to determine whether a child from a previous marriage can be admitted as a witness in the case.
Please do not provide the names of deceased people as witnesses. May they rest in peace. Amen.
 

13. What is a Procurator?

 
A procurator is someone who has been approved by the Tribunal to act on behalf of the parties before the Tribunal in marriage annulment cases. All priests and deacons of the archdiocese have the permission of the archbishop to be procurators. For a lay person to exercise the function of procurator in the archdiocese, the permission of the Judicial Vicar is required.
A lay person who wishes to be a procurator must be in good standing with the Church. The Tribunal can be contacted for advice on how to become a procurator in the archdiocese.
The role of the procurator is to:
 

• Assist the party whom he or she is representing to gather together the required documents for the annulment process.
• Guide the party in answering the annulment questionnaire.
• Explain the process to the party.
• Defend the person’s rights and interests before the Tribunal. 

 
Just as a petitioner can have a procurator, so also can a respondent have a procurator.
 

14. What is an Advocate?

 
An advocate is a person who has a degree in canon law and who is the canonical representative of a party in a case. An advocate is different from a procurator. For example, a procurator is not required to have a degree in canon law and is not required to submit a canonical brief to the judge in the case. Canon law, however, requires an advocate to have a canon law degree and to be knowledgeable in canon law of marriage and in matrimonial jurisprudence. An advocate is also required to write and submit a canonical brief regarding the case to the judge after the advocate has reviewed the evidence gathered in the case.
An advocate also functions as the procurator in the case; therefore, the person is also called procurator-advocate. In most cases, however, a procurator suffices to defend the rights of the party in a marriage nullity case.
In addition, a party may or may not choose to have an advocate in the case; however, to present a petition for the nullity or dissolution of marriage in the archdiocese, a person is required to have a procurator. Furthermore, if the judge deems it necessary, he has the right to appoint an advocate to represent a party so that the rights of that party are protected in the case.
 

15. What is a Judicial Vicar?

 
The Judicial Vicar is the priest appointed by the archbishop to be in charge of the day-to-day administration of the Tribunal and to be the principal canonical advisor to the archbishop.
With particular reference to the marriage nullity process, the Judicial Vicar, among other things, determines, in accordance with canon law, whether a petition is to be accepted for trial or rejected outright and whether the case should be remitted to the ordinary process or to the abbreviated process.

The Judicial Vicar also sets the grounds on which the case is to be tried and assigns judges, the defender of the bond, the promoter of justice, the assessors, the auditor, and the ecclesiastical notary to the case.
 

16. What is a Judge?

 
A judge is a person who has been trained in canon law and who has been appointed to process a marriage annulment case and decide, in accordance with the laws of the Church and the facts of the case, whether the alleged nullity of the marriage has been proven in the case. Some cases are assigned to a single judge and others to a panel of three judges.
 

17. What is a Defender of the Bond?

 
The defender of the bond is an official of the Tribunal appointed by the archbishop to defend the validity of marriages. The principal function of the defender of the bond is to propose proofs, responses, arguments, and objections, without prejudice to the truth of the matter, which can contribute to the upholding of the validity of the marriage bond. (c. 1432).
The defender of the bond can never argue in favor of the nullity of the marriage. The defender of the bond has the right by law to appeal to the competent ecclesiastical court of appeal a decision which declares a marriage invalid if he or she is dissatisfied with the decision or reasonably believes that the marriage should not have been declared invalid by the judge or judges assigned to the case.
 

18. What is a Promoter of Justice?

 
The promoter of justice is an official of the Tribunal appointed by the archbishop to ensure that canonical procedures are observed in the Tribunal, to protect the rights of the parties and the common good of the Church, and to challenge the validity of an apparently invalid marriage before the Tribunal.
 

19. What is an Assessor?

 
An assessor is an official of the Tribunal appointed by the archbishop to assist and advise the judge in those matters outside of Church law for which the assessor is eminently qualified, knowledgeable, and experienced. For example, if a marriage involves one or both parties from different cultures, and the judge is not familiar with that culture, he may appoint a person who is knowledgeable in that culture to advise him on the cultural dimensions or aspects of the case.
 

20. What is an Ecclesiastical Notary?

 
An ecclesiastical notary is an official of the Tribunal appointed by the archbishop to file, maintain, and update records at the Tribunal; to assign each newly filed petition a case name and number; to send notices to the parties and their procurators regarding the status of their case; to answer questions that pertain to particular marriage nullity cases; and to undertake a variety of actions at the request of the Judicial Vicar or judge assigned to the case. The ecclesiastical notary also advises the parties and procurators about Tribunal procedures, arranges appointments and meetings for the judges, and prepares and notarizes ecclesiastical documents.
 

21. What is a Court Expert?

 
A court expert is usually a clinical psychologist or a licensed marriage and family therapist appointed by the judge to advise the judge on any psychological issues that may have been latent, dormant, present, or manifest in the parties before and during the marriage.
 

22. What is the Code of Canon Law?

 
The Code of Canon Law is the book that contains the principal legislative, executive, and judicial norms, as well as other fundamental laws, of the Catholic Church.
There are certain laws of the Church that are found in official documents other than the Code of Canon Law. Thus, besides those ecclesiastical laws contained in the Code of Canon Law, other ecclesiastical laws are also found in various legislative documents of the Church.
For example, Church marriage laws are contained not only in the Code of Canon Law but also in other books and documents published by the Apostolic See. Church laws, like civil laws and other disciplines, require technical and specialized knowledge. If you have questions about canon law or the laws of the Church, please contact the Tribunal for clarification or refer the matter to the Tribunal. The Tribunal is staffed by individuals who hold at least a licentiate in canon law.
 

23. What is Canon Law?

 
Canon law is the body of ordinances enacted by the supreme legislator of the Church, the Pope. The principal legislative document of the Church is the Code of Canon Law. Canon law is also known as Church law or ecclesiastical law. A Church law that applies throughout the entire Catholic world is universal law; one that applies only to a diocese is particular law; and one that applies only to a religious institute or society is proper law.
 

24. What is a Canonist?

 
A canonist, also called a canon lawyer, is a person who holds at least a licentiate in canon law from a university approved by the Apostolic See to award degrees in canon law. The Tribunal, which has a team of canonists, can assist you in addressing canonical questions and doubts.
With particular reference to marriage annulment and other canonical questions, it is advisable to follow the canonical counsel of the canonists at the Tribunal rather than the personal opinion or interpretation of the law by non-canon lawyers.
 

25. What is the Roman Rota?

 
The Apostolic Tribunal of the Roman Rota, or for short, the Roman Rota, is the Tribunal in Rome established by the Pope to judge mostly marriage nullity appeals from across the Catholic world that have been referred to it by legitimate appeal, to safeguard rights within the Church, to foster unity of jurisprudence, and to provide jurisprudence and other assistance to lower tribunals. In rare and exceptional cases, it adjudicates marriage nullity cases in first instance. (Predicate Evangelium, articles 200, 202, 203).
 

26. What is the Apostolic See?

 
The Apostolic See, also called the Holy See, refers to the Pope, the Vatican Secretariat of State, and the other dicasteries or departments of the Roman Curia, through which the Pope governs the universal Church.
 

27. What are Annulment Writing Workshops?

 
Annulment writing workshops are seminars and workshops organized by a team of procurators in the archdiocese to:
 

• Help individuals seeking the annulment of their previous marriage better understand the annulment process.
• Assist the individuals in preparing the necessary documents for submission to the Tribunal.
• Provide the individuals with guidance and pastoral support throughout the process.

 
Contact the Tribunal at 504-861-6291 or tribunal@arch-no.org for more information or with any questions on how to be connected to an annulment writing workshop ministry team member.