ANNULMENTS - DISSOLUTIONS In his preaching Jesus unequivocally taught the original meaning of the union of man and woman

as the Creator willed it from the beginning: permission given by Moses to divorce ones wife was a concession to the hardness of hearts. The matrimonial union of a man and woman is indissoluble: God himself has determined it: what therefore God has joined together, let no man put asunder. (Catechism of the Catholic Church, #1614) The Catholic Church remains faithful to the words of Jesus Christ about marriage, divorce and remarriage [Mk. 10:2-12; Lk. 16:18; Mt. 5:31-32; Mt. 19:1-12; 1 Cor. 7:10-11, 39; Rom. 7:23). For a fuller explanation on the teachings of marriage, please consult the Catechism of the Catholic Church, #1601-1666. Also refer to the "Frequently Asked Questions about 'Annulments'" (FAQS) on the tribunal website (http://www.archgh.org/tribunal.htm) or available through the parish. For a fuller explanation on the teachings of marriage, please consult the Catechism of the Catholic Church, #1601-1666. The Catholic Church is trying to be faithful to the words of Jesus Christ about marriage, divorce and remarriage [Mk. 10:2-12; Lk. 16:18; Mt. 5:31-32; 19:1-12]. Any couple who is asking for marriage in the Catholic Church MUST be asked if either party were married previously, and if so, how many times. The Catholic Church recognizes all marriages of any type: religious, civil, common law, etc. For example: A. B. C. D. E. Those that occur in the Catholic Church Those that occur in a Protestant Church Those that occur in a Jewish synagogue or any non-Christian house of worship Those that occur in a non-church or non-religious place, witnessed by a Justice of the Peace, state official or by any type of minister Common law marriage

Anyone who desires to be married in the Catholic Church, whether Catholic or non-Catholic (baptized or non-baptized), must have each and every previous marriage reviewed by the Catholic Church through some type of nullity process. This includes any previous marriage(s) of any kind [religious, convalidation, civil court (justice of the peace, etc.), common law, etc.] that ended in divorce or civil annulment. The ONLY exceptions are if the former spouse is deceased OR the previous marriage has already been declared null by the Catholic Church. Without a death certificate(s) and/or an affirmative decision(s) for nullity, it is not possible to marry in the Catholic Church. No promise should ever be made to the couple regarding the outcome of the nullity or dissolution process. There is never a guarantee that an affirmative decision for nullity or dissolution will be rendered.

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Wedding Dates: No date should ever be set for the wedding until the previous bond(s) have been annulled or dissolved and all pastoral requirements and concerns are fully addressed with regard to a Monitum or Vetitum. Processing Fees: The Petitioner is assessed a fee to process a petition. The fee helps to offset the expenses of running the Tribunal Office, such as office staff salaries, stationery, postage, equipment, etc. The processing fee represents only part of the true costs involved. The Archdiocese subsidizes the difference through the Archdiocesan Services Fund [DSF]. The entire processing fee should be paid prior to the conclusion of the case. The fee may be paid in full or in installments periodically during the processing of the case. Monthly statements will be mailed to the Petitioner if the fee is not paid in full at the beginning. Contact the Tribunal Office for the respective processing fee for each type of nullity case. If the Petitioner truly is unable to pay part of or the entire processing fee, the fee may be waived, depending on that persons circumstances. The Petitioner must submit a letter to the Tribunal indicating ones inability to pay and the reason(s) why. One can be sure that the petition will receive the same consideration as any other. The types of nullity cases are as follows: I. Absence Of Canonical Form Example: at least one spouse from a previous marriage is a Catholic. Did the marriage ceremony occur in a Catholic Church witnessed by a Catholic bishop, priest or deacon? A. If it did not, the annulment petition will be an Absence of Canonical Form, provided all the following are true also: 1. The Catholic spouse did not leave the Catholic Church by a formal act prior to the wedding and the wedding occurred on or after November 27, 1983. A formal act is defined as formally joining another church [accepting baptism or making a profession of faith in another denomination] or renouncing ones Catholicism [such as stating I am a Methodist now, etc.] Mere non-attendance at the Catholic Church or mere attendance at a non-Catholic church does not necessarily mean one has left the Catholic Church by a formal act. Call the Tribunal Office with further questions if one is unsure if an individual truly left the Catholic Church by a formal act. [If the marriage ceremony occurred prior to November 27, 1983, there is no such stipulation as a formal act of leaving the Church. Thus if one were Catholic and married outside the Church, it would be an absence of canonical form, provided the following conditions are also met.] 2. The marriage ceremony did not occur in an Orthodox Church.

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3.

The marriage ceremony did occur in a non-Catholic place; the vows were received by a non-Catholic minister; and there was no dispensation from canonical form granted from the Catholic bishop to allow for such a marriage ceremony. The marriage was never convalidated or sanated in the Catholic Church or convalidated in an Orthodox Church.

4.

B.

If the above information is true, the Petitioner is to submit the following: 1. 2. A certified copy of the civil marriage license. A certified copy of the complete, final divorce decree signed and dated by the judge. If one or both spouses is Catholic, a copy of a recently issued [six months or less] baptismal certificate with all sacramental notations listed on the back.

3.

C.

There are two different ways to process the Absence of Canonical Form petition. 1. One may file the Absence of Canonical Form petition with the Tribunal Office, using the legal size form entitled Absence of Canonical Form Archdiocese of Galveston-Houston, Office of the Tribunal. a) A complete, current address for the Respondent [former spouse] is required. b) There is a processing fee. One may file in the parish alone without involving the Tribunal Office, provided the Petitioner is the Catholic party and the person is preparing for a new marriage. IF the Petitioner is non-Catholic and the Respondent [former spouse] is Catholic, this case MUST be sent to the Office of the Tribunal for processing [Instructions per Archbishop Joseph A. Fiorenza, letter dated October 1, 1993]. a) Use the letter size form on Archdiocese of Galveston-Houston, Chancery Office stationery entitled Archdiocese of GalvestonHouston, Absence of Canonical Form. See English form, pages M 910 and Spanish form, pages M 11-12. b) It is not necessary to contact the former spouse with this form. c) Place the completed form and baptismal certificate in the prenuptial file. d) The approval of this petition should be monitored by the pastor and then recorded in a special parish book dedicated to approved absence of canonical form petitions.

2.

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e)

f)

This book is to be hard-covered and kept with the sacramental record books in a secure and fire-proof place. It is the pastors responsibility to insure that only authentic absence of canonical form cases are processed and that the cases are recorded in an accurate and timely manner. The deans will check the books on an annual basis. The following is what is to appear in this record book. ---Name of Catholic Person ---Name of former spouse ---Date approved ---Name of priest/deacon preparer If there are any doubts about the processing of this petition, contact the Tribunal Office for assistance.

D.

If the couple is being prepared in this archdiocese but the wedding will occur in another archdiocese and one or both parties have an Absence of Canonical form petition, it is strongly recommended that the petition be processed through the Office of the Tribunal. Many archdioceses will recognize only the legitimacy of a decree issued by a tribunal office.

II.

Prior Bond Or Ligamen Petition Example: Person A (Petitioner) wishes to be free to enter a Catholic marriage. However, Person A (Petitioner) was married and divorced from Person B (Respondent). Person B had been previously married to Person C (First spouse of Respondent). It was the first marriage for Person B and Person C, and Person C is still alive; the marriage of Person B and Person C is presumed valid. Therefore, the marriage of Person A and Person B is invalid because of the marriage of Person B and Person C. A. Person A (Petitioner) is to submit the following: 1. 2. 3. 4. 5. 6. B. A completed Prior Bond/Ligamen petition form. The marriage license for the marriage of Person A and Person B. The divorce decree which is signed and dated by the judge for Person A and Person B. The marriage license for the marriage of Person B and Person C. The divorce decree which is signed and dated by the judge for Person B and Person C. A processing fee.

As with all petitions the allegations must be substantiated through acceptable means. The cooperation of Person B and Person C is absolutely necessary in this process. Therefore, the following MUST be established from the testimony of both Person B and Person C whose testimony will be obtained by the Tribunal Office:

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1. 2. 3. 4.

That the marriage of Person B and Person C was the first marriage for both. That neither Person B nor Person C was baptized Catholic. That both Person B and Person C are still alive. That the Catholic Church did not grant a decree of nullity for Person B and Person C.

C.

The above states the simplest requirements to the process. However, the Prior Bond/Ligamen petition can be complicated. Following are some problems which will delay the processing of a prior Bond/Ligamen petition or which will require Person A (Petitioner) to file a Formal Church Petition for a Declaration of Nullity: 1. 2. 3. A petition is lacking the required current address of Person B and Person C. Lack of cooperation from Person B and Person C. Missing documents. Although a marriage license and divorce decree are usually public records which can be obtained at the county courthouse where they are recorded, Person A may not know where the documents are recorded. Person B has more than one previous marriage. Person C was previously married. Person C is a baptized Catholic. If Person C is a baptized Catholic and did not marry Person B by the Catholic Church, then the marriage of Person B and Person C would not be considered valid. Thus, the marriage between Person A and B is valid. Person C is no longer living.

4. 5. 6.

7. III.

Formal Case This applies to all marriages that are presumed to be valid. Examples: A marriage that occurred in the Catholic Church or a marriage of two non-Catholics married for the first time. A. It must be determined if the Archdiocese of Galveston-Houston is competent to process this case. Refer to Canon 1673 of the Code of Canon Law and/or with the Tribunal Office. This is a very detailed process involving the Petitioner submitting an extensive narrative of ones growing up years, information about the courtship, marriage and divorce, etc. The Petitioner must submit the names and current addresses of three or four witnesses who are knowledgeable of the relationship between the Petitioner and the Respondent (former spouse) prior to and throughout this marriage.

B.

C.

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D.

The Respondent MUST be contacted by mail by the Tribunal Office. The Respondent has the opportunity to be involved by giving a similar narrative and by providing witnesses, just as the Petitioner did. Some Respondents elect to participate and others do not. The case will continue regardless of the Respondents level of participation. The Petitioner must submit a certified copy of the civil marriage license and a certified copy of the complete, final divorce decree signed and dated by the judge. If one or both of the parties is Catholic, a copy of a recently issued baptismal certificate (or profession of faith certificate) with all sacramental notations listed on the back is to be submitted. A copy of the church marriage certificate must be submitted if the marriage occurred in the Catholic Church. If the petition receives an affirmative decision for nullity by this Tribunal Office, a second affirmative MUST be rendered before one is free to marry in the Church. Normally, the second decision is rendered by the Appellate Court for the Archdioceses of Texas. However if there is a formal appeal of the first decision, the case could be appealed either to the Appellate Court for the Archdioceses of Texas or directly to the Roman Rota. There is a filing fee and a processing fee. The formal petition form is available in English, Spanish and Vietnamese. If the Petitioner is truly bilingual and is able to write effectively in English, then the Petitioner is encouraged to complete the formal petition in English. There are three formats of the formal petition form (English, Spanish and Vietnamese): 1. 2. For those who are not computer oriented, there is a paper version available. For those who are computer oriented (only Microsoft WORD 97 or a higher version) but not Internet oriented, there is a diskette available in the parishes. For those who are Internet oriented, one may go to our web site: http://www.diogh.org/tribunal.htm (only Microsoft WORD 97 or a higher version)

E.

F.

G.

H. I.

3.

IV.

Privilege Cases: Pauline And Petrine Privilege Cases There are two types of privilege cases. Non-baptism and remarriage is always the issue. The validity of a marriage is not challenged, but the Petitioner asks for a dissolution of the presumably valid marriage on the basis that one or both parties in a marriage was not baptized.

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There are three common misconceptions with privilege cases: 1) These cases are quick and easy to process; 2) Nothing needs to be done at all and; 3) the Petitioners word alone is enough. None of these are true. In both the Pauline and Petrine Privilege cases, there are certain conditions and numerous requirements that must be met. Because of the difficulties that arise in these cases, contact the Tribunal Office before even attempting a Pauline or Petrine Privilege so that the Tribunal can evaluate and determine if the basic elements are in order to proceed with the processing of the case. A. Pauline Privilege: (This petition is processed on the archdiocesan level.) Example: Both parties were not baptized at the time of the marriage and during the course of the marriage. The former spouse (the Respondent) must not desire baptism. The person petitioning must be willing to become baptized. The Petitioner must be preparing for a new marriage. The following are some of the minimal conditions and requirements that MUST be met: 1. The cooperation of the former spouse (the Respondent) is absolutely necessary. The Tribunal obtains the testimony of the former spouse (the Respondent). That the non-baptism (before and throughout the course of the marriage) of both parties has been established. Therefore, it is required to provide the names and addresses of at least three family members of both parties (the Petitioner and the Respondent). The cooperation of the family members of both parties is absolutely necessary. The Tribunal Office obtains the testimony of all the family members. The Petitioner must be anticipating a new marriage and the Petitioners prospective or present spouse was not the cause of the breakup of the marriage. The Petitioner must sincerely seek to be baptized. The former spouse (the Respondent) does not intend to be baptized and does not wish to be reconciled with the Petitioner. A processing fee.

2.

3.

4. 5.

6. B.

Petrine Privilege (Privilege Of The Faith): (This petition must go to Rome.) Example: At least one of the parties is not a baptized person. The person

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petitioning does not have to convert in all cases. preparing for a new marriage.

The Petitioner must be

Invoking the power of the keys entrusted to him as successor of St. Peter (to bind and to loose), the Holy Father is able to dissolve such a marriage in Favor of the Faith of the Catholic party. Thus, this case must be sent to Rome for the decision. Rome states in its directives that if there are grounds for nullity a privilege may be more readily granted. Because of this stipulation and other difficulties that arise in processing of these cases, a Petrine Privilege is normally processed as a Formal Case on the archdiocesan level. The following are some of the minimal conditions and requirements that MUST be met: 1. That the non-baptism (before and throughout the course of the marriage) of at least one of the parties to the marriage has been established. Therefore, it is required to provide the names and addresses of at least three family members of the person who has not been baptized. The cooperation of the family members is absolutely necessary. The Tribunal Office will obtain the testimony of the family members. That the Petitioner and the Petitioners prospective or present spouse was not the cause of the breakup of the marriage. That the Petitioner has a prospective or present spouse who is canonically free to marry. That all attempts at reconciliation have failed. That no scandal results from the granting of the dissolution. That the promises (cautiones) be signed by both the Petitioner and the prospective or present spouse. The promises are that both parties are willing to baptize and educate the children of the new marriage in the Catholic faith and that the non-Catholic party allows the Catholic party to practice the Catholic faith. A processing fee.

2.

3.

4. 5. 6.

7.

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V. ARCHDIOCESE OF GALVESTON-HOUSTON ABSENCE OF CANONICAL FORM If a Catholic was previously married, and the marriage was not witnessed according to the canonical form of marriage, the priest/deacon may use this form to investigate the person's freedom to enter another marriage without the need of a decree of nullity. In the event of any doubt, or if the person's former spouse was the Catholic party, please use the Absence of Canonical Form petition from the archdiocesan Tribunal. If the person has more than one absence of form marriage, please use a separate form for each marriage. I. Name of Catholic Person:________________________________________________ Date of Catholic baptism:________________________________________________ Church of Catholic baptism:______________________________________________ Church's full address:____________________________________________________ _____________________________________________________________________ OBTAIN A BAPTISMAL CERTIFICATE ISSUED WITHIN SIX MONTHS.

II.

Name of former spouse:__________________________________________________ Religion of baptism, place and date:________________________________________ _____________________________________________________________________

III.

Date of marriage and place:_______________________________________________ Name and title of magistrate or minister of marriage:___________________________ _____________________________________________________________________ OBTAIN A COPY OF MARRIAGE LICENSE.

IV.

Date of divorce, county and cause no.:______________________________________ _____________________________________________________________________ OBTAIN A COPY OF SIGNED DIVORCE DECREE.

-1-

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V.

Questions to be asked of the petitioner under oath. 1. Did you ever have a priest/deacon validate, bless or fix up the marriage? 2. Is reconciliation possible? 3. Was there a dispensation from canonical form issued? A Sanation? 4. (If the marriage took place after November 27, 1983) Has the Catholic party ever left the Catholic Church by a formal act? 5. Are the moral and civil obligations to the former spouse and to the children born of this marriage being met?

VI.

Obtain sworn affidavits from two persons (parents, relatives, close friends) to affirm the fact that the marriage was never blessed/convalidated and/or the person never went through a Catholic wedding ceremony. Please use the regular Freedom of Status Form.

VII.

Place affidavits, baptismal certificate and this form in the pre-nuptial file. Return civil documents to the person.

VIII.

Date facts recorded in a parish record book:__________________________________

By my signature, I solemnly swear that the above information is correct: Signature of Petitioner:________________________________________________________ Signature of priest/deacon:_____________________________________________________ Signature of pastor (if not the preparer):___________________________________________ Date:_____________________________

Parish Seal:

-2-

September, 1993

Section M ANNULMENTS-DISSOLUTIONS ARCHDIOCESE OF GALVESTON-HOUSTON FORMA CANNICA DE AUSENCIA

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Si un catlico fue previamente casado, si el matrimonio no estivo testificado de acuerdo a la forma cannica de matrimonio, el sacerdote, diacono puede usar esta forma para investigar la libertad de las personas que pueden entrar a otro matrimonio sin la necesidad del decreto de nulidad. En el caso de duda o si la persona con quien estuvo casado era catlica por favor use la forma cannica de peticin de parte del tribunal archdiocesano. Si la persona tiene ms de una ausencia de matrimonio por favor use una forma para cada matrimonio. I. Nombre de la persona catlica: _____________________________________________ Fecha del bautismo catlico: _______________________________________________ Nombre de la Iglesia donde fu bautizado_____________________________________ Direccin de la iglesia:____________________________________________________ ______________________________________________________________________ OBTENCIN DEL CERTIFICADO BAUTISMAL NO MAS DE 6 MESES DE EXPEDIDO II. Nombre de la Ex esposa(o): _______________________________________________ Religin, Bautismo, Lugar y fecha: __________________________________________ ______________________________________________________________________ III. Fecha del matrimonio y lugar: _____ _________________________________________ Nombre y titulo del magistrado o ministro que presencio el matrimonio: _____________ ______________________________________________________________________ OBTENER UNA COPIA DE LA LICENCIA DEL MATRIMONIO IV. Fecha del divorcio, condado y nmero de caso: ________________________________
___________________________________________________________________________________

OBTENER UNA COPIA FIRMADA DEL DECRETO DE DIVORCIO

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Preguntas del que hace la peticin del divorcio. 1. Alguna vez estuvo el sacerdote o diacono validando, bendiciendo o arreglando tu matrimonio? 2. Hay posibilidad de una reconciliacin? 3. Obtuvo una forma cannica dispensacin y sanacin? 4. (Si el matrimonio tomo lugar despus de Noviembre 27 1983) El que es catlico alguna vez ha dejado la Iglesia catlica por un acto formal? 5. Estn las obligaciones morales y civiles del ex esposo(a) y de los hijos nacidos de este matrimonio siendo cumplidas? Si usted tiene alguna duda concierne a la validacin sacerdotal de este matrimonio, obtenga la declaracin juramentada de un pariente o de un amigo cercano de que su matrimonio nunca fue bendecido o que la persona nunca tuvo una boda catlica. Colocar que la declaracin, certificado bautismal y esta forma en el flder matrimonial y regresar los documentos civiles a la persona. Fecha de los datos registrados en el libro de matrimonios de la parroquia:____________

VI.

VII.

VIII.

Por mi firma, yo juro solemnemente que la informacin mensionada esta correcta: Firma del solicitante: ___________________________________________________________ Firma del Sacerdote o Diacono: __________________________________________________ Firma del Pastor (si no fue el que ha preparado): _____________________________________ Fecha:________________________

Sello de la parroquia:

Septiembre, 1993