Diocese of Hamilton Marriage Tribunal
700 King Street West
Hamilton, ON L8P 1C7
Canada
T: (905) 528-7988
F: (888) 941-0024 (toll-free, direct to the Tribunal office)
The purpose of this page is quite simple: it is a collection of questions and answers seeking to clarify many misconceptions or half-truths surrounding marriage, separation, divorce and annulments. It is our hope that it will help to put to rest many of these misconceptions and assist those who are either seeking an annulment, or ex-spouses who have been invited to participate in this process.
Everyone’s situation is unique; some cases are very complex. You are strongly encouraged to discuss your situation with a member of your Parish team (e.g. Priest, Deacon, Pastoral Minister) or with a member of the Tribunal staff.
The Church is aware of the painful reality of divorce experienced by so many. The complex process surrounding annulments represents the Church’s commitment to uphold biblical teaching “What God has joined together, no one may divide” (Gen 2:24; Mt 19:6; Mk 10:9) on the one hand, and to find just and pastoral ways to assist those in broken marriages on the other.
Marriage is a covenant by which a man and a woman establish between themselves a partnership of the whole of life. By its nature, this covenant is ordered toward the good of the spouses and the procreation and education of offspring (CCC 16011, canon 1055 §1).
Based on the Biblical teaching on marriage, the Catholic Church understands the three essential elements of marriage to be: permanence (i.e., indissolubility, meaning that the marriage bond ceases only with the death of one of the spouses), faithfulness (i.e., marriage is an exclusive union between one man and one woman) and openness to the possibility of new life (i.e., the couple must be open to possibility of having and raising children) (CCC 1643).
Marriage is brought into being by the voluntary exchange of consent (marriage vows) of the parties legitimately manifested by people who are able to marry (i.e., above a certain age, not closely related by blood, of opposite gender, etc.). Once a valid marriage bond is created, its continued existence no longer depends on the will of the parties (CCC 1640). When Jesus was asked whether divorce was lawful, he reaffirmed God's original plan that "what God has joined together, no one may divide", and that "whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery" (Mk 10:2-12). Thus, we believe that the marriage bond continues to exist even if the parties no longer wish to be married, and even if they have been separated for many years or have obtained a civil divorce. When we speak of the permanence of marriage, we are not speaking about an ideal or just wishful thinking. We are saying that the valid marriage bond between husband and wife actually is permanent and indissoluble. This is why the Catholic Church does not permit divorce and remarriage without a Church declaration that the first marriage was invalid (CCC 2384).
While the marriage between any two people is an indissoluble covenant, it is also a sacrament when it is celebrated between two baptized Christians (Catholic, Orthodox, Anglican or Protestant). In a sacramental marriage, the couple receives additional graces to perfect their love for one another and to strengthen their commitment (CCC 1641).
Yes. The Catholic Church recognizes each and every marriage (between Catholics, Protestants, Jews, non-believers, etc.) as a valid union which includes all the essential elements of marriage listed above. If it is celebrated between two baptized Christians, it is a sacramental marriage. If at least one party in the marriage is not baptized, the Church recognizes the marriage as a natural, non-sacramental marriage. In either case the marriage bond is indissoluble.
While Catholics are bound to follow special rules of the Church (canon law) regarding the way that marriage is celebrated (i.e. normally they must be married before a Catholic priest or deacon and two witnesses), non-Catholics, when they marry amongst themselves, are not bound by such regulations. They need only follow the formalities established by civil law and their own religion. Thus, if two non-Catholics entered marriage before a Justice of the Peace, the Church would recognize their marriage as valid and indissoluble. On the other hand, the Church would not recognize as valid a marriage of two Catholics who married before a Justice of the Peace.
A divorce is a civil act that claims to dissolve a valid marriage. From a civil legal perspective, a marriage existed and was then dissolved. The Catholic Church does not recognize the ability of the State to dissolve a marriage.
An annulment, on the other hand, is an official determination by a Church Tribunal that what appeared to be a valid marriage was actually not one (i.e., that the marriage was in fact invalid). While a civil divorce says that it dissolves an existing marriage, an annulment declares that a marriage bond never existed in the first place.
An annulment does not declare that the spouses never really loved each other, nor that the divorce was more one party's fault than the other's, nor that one party is a better Catholic than the other. In no way does the process concern itself with compensation, reward, favours, retribution or sentiment in determining a decision. A declaration of nullity (i.e., annulment) is simply a determination that, at the time of the wedding, some essential element for a valid marriage was lacking. For instance, one of the parties did not intend lifelong fidelity to the other person or excluded children entirely. Another example would be that one of the parties was incapable of marriage (due to some constitutional weakness, such as mental illness or some psychological condition that prevented making the marital commitment - grave immaturity, etc.). In practical terms, after nullity is declared (if it is declared), the Church considers the parties free of the marriage bond that would have otherwise arisen. The parties are then considered free to contract marriage in the Church.
The Church teaches that the Lord entrusted to the Church special and living signs of His presence among us: the sacraments. Normally a Catholic will receive God’s grace primarily through the sacraments. However, the sacraments are not the only means through which the tender love and mercy of the Lord Jesus can touch the lives of people. Although they are extremely important to our growth in Christ, the Lord can use other “signs” in which He renders Himself present to persons who may not be able to receive the sacraments at this time. Those who cannot receive Communion “should be encouraged to listen to the Word of God, to attend the Sacrifice of the Mass, to persevere in prayer, to contribute to works of charity and to community efforts for justice, to bring up their children in the Christian faith, to cultivate the spirit and practice of penance and thus implore, day by day, God’s grace” (John Paul II, Letter on the Role of the Christian Family in the Modern World, 84).
There are many reasons. The simplest answer would be to say that more and more people have become aware of the process by which a marriage may be declared invalid and are now approaching our Church Tribunals for assistance. However, the reasons are far more profound than a mere question of numbers.
In the last number of years, dramatic changes have taken place in society and in the Church’s understanding of the human person and the nature of marriage. While the Church has not changed its basic teaching on marriage, it has, with the assistance of the social sciences, natural sciences, psychology, and the humanities, deepened its understanding of the human person and how the various qualities of mind, body, and spirit impact one’s ability to give oneself to another in marriage. With this in mind, the grounds (or reasons) for nullity of marriage have been broadened to reflect the Church’s deeper appreciation of the nature of marriage and the qualities a person brings to this partnership.
Society has also undergone profound changes in the last few decades. Unlike in the past, many people today do not grow up in healthy and stable family environments. With divorce becoming more and more common, and many other factors continuing to undermine family life, peoples’ understanding of marriage is changing dramatically. Sixty years ago, one could safely presume that most people understood that marriage is a permanent and exclusive relationship ordered toward the generation of new life and the good of the spouses. It is questionable whether this presumption holds true today.
Another factor to consider when we look at the number of declarations of nullity of marriage granted in recent years is the dramatic increase in the number of staff employed by the Tribunal. In the Diocese of Hamilton, for example, there were only two full-time members of the Tribunal staff in 1972. Today, we have four full-time staff and many other part-time employees and volunteers. This, of course, increases both the speed and the efficiency of processing our own cases. In 1980 it would have taken up to four or five years to process a single case. Because of the increase in personnel, normally a decision can be given in a case in a much shorter time period (often less than two years). As a result, more people are able to approach the Tribunal and petition for an annulment.
This booklet is not meant to be a textbook in canon law, so we will not go into a detailed explanation of all the possible grounds which could be invoked.
Suffice it to say that the Church teaches that the consent of the two parties (i.e. their marriage vows) brings the bond of marriage into being. When a person consents to marriage, it is presumed that the individual is aware of what he or she is doing, freely chooses marriage, and is capable of assuming the essential obligations of this partnership. An act of matrimonial consent thus implies three essential components: it is a rational decision; it is willed for oneself; and it is required that the person be capable of living up to what he or she has consented to. When there is a serious weakness or defect in one or all of these areas then the quality of the matrimonial consent can be called into question. A decision to marry is not made in a vacuum. One’s home environment, education, peer associations, and many other factors contribute to the formation of an individual and his/her capacity to make real choices and accept the responsibilities implied by those choices.
Another cause for a marriage being entered into invalidly arises when a person goes through the wedding, but excludes from his or her decision to marry some essential element of marriage. Examples of this would be one who enters marriage deliberately intending that the marriage be NOT indissoluble (e.g., one leaves open the possibility of divorce), or exclusive (e.g., one intends to cheat on the new spouse), or for procreation (e.g., they intend to not have children). Finally, a marriage can be declared invalid if one party goes into it deceiving the other party about some significant aspect of his or her life (i.e., someone concealed a serious drug addiction). The grounds to be applied in any case will be discussed with the parties during their initial meetings with Tribunal staff.
Note however, that in all the above cases, the focus of the investigation is on the marital consent exchanged on the day of the wedding. Problems that emerge later in the marriage that are unrelated to anything prior to the wedding do not necessarily indicate that the marriage was entered into invalidly. It is possible that even a valid marriage may break down and leave the spouses bound to the marriage bond even though they have physically separated or even civilly divorced.
Any Catholic (or non-Catholic) who believes that his or her marriage was invalid should approach the local parish priest to discuss this with him. In the Diocese of Hamilton, our clergy understand well the procedures to be followed in introducing cases of alleged nullity of marriage to the Marriage Tribunal, and can provide you the necessary guidance and forms to get started.
Once the preliminary forms are completed, they are sent to our Tribunal office in Hamilton where an initial evaluation is made of the possible grounds of nullity. Some cases are not accepted because there exists insufficient evidence to proceed.
Nearly anybody can be a witness: friends, family members, co-workers, and clergy. Generally, we will not accept children of the couple as witnesses. Witnesses do not have to be Catholic.
When choosing witnesses, the following should be kept in mind. An ideal witness (a) knew the couple before they got married, after the wedding, and knows the reasons for the breakdown of the relationship, and (b) is objective. A witness who did not know the couple prior to the marriage is usually of very limited value.
The petitioner will be required to submit the names of three or four witnesses. Should the respondent choose to participate in the process, then he or she will also be invited to submit the names of witnesses should he or she so wish.
Yes. Family members are often very good witnesses. What is crucial is the knowledge they possess about the parties, the marriage, and the reasons for the marital breakdown.
Sometimes it happens that specific problems in a given marriage were not discussed with anyone. In such cases it can often be difficult to substantiate the alleged grounds of nullity of marriage. No marriage exists in isolation and it may be that others observed more than the spouses thought they did. An individual’s personality may be obvious to others at social gatherings, at work, and at family celebrations. It is rare that there are no witnesses to be interviewed in a case. However, insufficient or poor witnesses can make a case very difficult to proceed with and can even make it impossible for us to determine that the marriage was invalid.
In such difficult cases, we may need to rely more heavily on pastoral reference letters, credibility or character references, medical or counselling reports, etc.
Not immediately. Once a decision is given, both parties are notified and informed of their right to appeal the decision within fifteen days. If an appeal is not launched, the case is then forwarded to the Canadian Appeal Tribunal in Ottawa. Because the Appeal Tribunal handles cases coming to it from across the country, there is often a delay of several months between the time of the actual decision and the final notification sent to you by our Tribunal. The parties can also make the appeal to the Roman Rota.
Finally, even after this final decision has declared the marriage invalid, it is only natural that the Church be reassured that the invalidating element is no longer present. If, for example, the marriage was declared null on the grounds that the petitioner or the respondent suffered from grave immaturity, the Church would require assurance that such an immaturity has now been largely overcome before permitting a subsequent marriage. In more serious cases, the Church may prohibit either party from marrying in the Church until it can be proven that the former concerns no longer exist.
A declaration of nullity states that at the time of the wedding, there was something lacking in the consent of one or both parties that prevented a valid marriage bond from coming into existence. A declaration of nullity does not say that there was no relationship or that the parties did not love each other. As to “living in sin”, a person cannot have committed a sin if he or she was in good faith and not aware of the nullity of marriage at the time they lived together.
Always remember that it is the task of the Marriage Tribunal to discover the truth pertaining to a given marriage and to judge whether or not all the essential elements were present in order to bring a valid bond of marriage into being. It is not the task of the Marriage Tribunal to condemn or blame persons.
As with any office, the Marriage Tribunal incurs expenses related to administration and the employment of professionally trained personnel. In the event that a petitioner’s marriage is declared invalid, we ask a donation that covers less than one quarter of the actual expenses associated with handling that person’s case. Nothing is asked of the respondent party. The remainder of the cost is subsidized by the Diocese of Hamilton.
We feel that it is right and fair that those who benefit from the services provided by the Marriage Tribunal should be asked to make a contribution toward the cost. However, the right to a just decision is not dependent on one’s ability to make the requested donation. Nor does an inability to make a contribution have any bearing at all upon the person’s chances of success in obtaining a declaration of nullity.
While the process of seeking a declaration of matrimonial nullity may be emotionally challenging, many find that this can actually be part of the healing process that helps the person to return to a state of wholeness. The important thing to remember in initiating the process is to approach it without any sense of shame, guilt or undue trepidation. Marital failure does not mean that either party was a failure as a person.
Christ the Lord calls upon the community of believers, the Church, to be a community of healing and reconciliation. The legal procedures of the Church and their application are based on the teaching on marriage of the Lord Himself (i.e., that marriage is a permanent covenant between one man and one woman). However, the Church also cares very much about those who have suffered through the pain of separation and divorce, and thus has, over the centuries, developed these procedures with care. Ultimately, they represent the Church’s desire to find pastoral solutions for people in such difficult situations while remaining faithful to the teachings of Jesus Christ and upholding the rights of all involved. While this booklet has attempted to answer the most common questions of those touched by separation and divorce, please do not hesitate to contact your local parish priest or this Tribunal office should you have any further questions.
1 CCC refers to the Catechism of the Catholic Church (1994).
2 Congregation for the Doctrine of the Faith, Letter to the Bishops of the Catholic Church Concerning the Reception of Holy Communion by the Divorced and Remarried Members of the Faithful (1994).
3 NB: The “petitioner” is the person who initiates the process. The “respondent” is the petitioner’s former spouse.
Reverend Adrian Lee
Judicial Vicar
905-528-7988 Ext. 2240
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Lori Lewis
Notary/ Administrative Assistant
905-528-7988 Ext. 2242
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Deacon Joseph Di Loreto
Administrative Officer and Auditor
905-528-7988 Ext. 2248
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Deacon Mark Shaw
Pastoral Assistant
905-528-7988 Ext. 2256
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