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What is a Declaration of Invalidity?

Diocese of Cleveland

A. The Catholic Church’s Understanding of Marriage.

B. The Tribunal of the Diocese of Cleveland.

C. Status of Divorced People in the Catholic Church.

D. Marriages of Those Not of the Catholic Tradition.

E. Definition of a Declaration of Invalidity by a Catholic Tribunal

F. Effects of a Declaration of Invalidity by a Catholic Tribunal

G. The Rights of Both Parties.

H. Initiating the Petition for a Declaration of Invalidity.

I. The Process of Judging a Petition.

J. Grounds of Invalidity.

K. Access to Information Gathered by a Church Tribunal

L. Time Involved.

M. Court Costs.

A. The Catholic Church’s Understanding of Marriage:

The Catholic Church teaches that the covenant of marriage is a lifelong and exclusive partnership of a man and a woman. Marriage is a holy vocation or calling that by its very nature promotes the good of both spouses and is open to the procreation and education of children. Christ has raised marriage between two baptized persons to the level of a sacrament.

Marriage comes into being by the free and unimpeded act of giving marital consent by both spouses. Church law presumes all marriages valid and thus indissoluble as long as both parties remain alive and were free to marry at the time consent was expressed in a lawful manner. While the state permits divorce as a means to end a legally contracted marriage, the Catholic Church holds that the marriage vows, by their very nature, cannot be dissolved by any civil power. Thus the marriage bond remains in place until it can be established that valid marital consent was not exchanged.

B. The Tribunal of the Diocese of Cleveland

The Tribunal of the Diocese of Cleveland assists the Bishop of Cleveland in accord with church law in carrying out his responsibility as the shepherd of the local Catholic community. Overseeing the ministry of the tribunal is a priest appointed by the bishop to be his judicial vicar. Qualified lay persons and clerics trained in church law are appointed by the bishop to serve on the tribunal. Individuals with a degree in canon law serve as judges who decide each case after evaluating the merits of the petition for a declaration of invalidity, and defenders of the bond whose responsibility is to safeguard the presumed validity of each marriage examined. Various other court officials contribute to the process at appropriate times.

C. Status of Divorced People in the Catholic Church

Catholics who are divorced but who have not unlawfully entered another marriage are encouraged to practice their faith fully, including participation in the sacraments. Divorced Catholics who have not remarried outside the Church are full members of the Church with the same rights as those of any other Catholic. Catholics who are divorced and have remarried without a declaration of invalidity of their previous marriage are not free to receive the sacraments but are encouraged to practice their faith within the context of a Catholic faith community to the extent that they are able.

D. Marriages of Those Not of the Catholic Tradition

Some individuals whose marital status in the Church needs to be clarified may not be of the Catholic tradition. The Catholic Church presumes the validity of all marriages celebrated according to the practices of all faith traditions, Christian and non-Christian, or celebrated civilly. Thus those of another faith tradition or no faith tradition at all who have been previously married must submit a petition for a declaration of invalidity to a church tribunal and receive an affirmative decision if they wish to marry a Catholic in a Catholic Church. The Church esteems the marriages of non-Catholics and Catholics equally. The validity of every marriage is presumed until the contrary has been established.

E. Definition of a Declaration of Invalidity by a Catholic Tribunal

A declaration of invalidity by a tribunal of the Catholic Church is a pronouncement based on church law and Catholic doctrine that the act of consent of a particular man and woman was lacking in qualities essential for a true and valid marriage to come into existence. To make such a pronouncement, church law is applied to the facts surrounding the marriage in question. After both parties are heard, witnesses have testified, and the defender of the bond has offered comments, the decision is made by a panel of three judges or in some cases a single judge. If the decision is reached that the act of consent in question was lacking or defective in some essential way, the tribunal acknowledges that fact by issuing a declaration of invalidity.

F. Effects of a Declaration of Invalidity by a Catholic Tribunal

A declaration of invalidity permits both parties to prepare to marry in the Catholic Church. No civil effects are connected to a declaration of invalidity issued by a Catholic Church tribunal. Children born of a marriage that is later declared invalid are considered legitimate. Civil matters regarding child custody, child support and alimony, as well as the divorce itself, must be resolved before the petition for invalidity is submitted to the church tribunal.

G. The Rights of Both Parties

Any person (petitioner) may submit a petition of invalidity of his or her marriage to a church tribunal. The petition must contain the reason(s) why the validity of the marriage is being challenged. The other party (respondent) has a right to be notified of the petition and has a right to address the allegations made by the petitioner. Each of the parties has a right to call witnesses. The church tribunal contacts the respondent as well as the witnesses submitted by each party. If a decision is given by the church tribunal that is opposed by either or both parties, both the petitioner and the respondent have the right to appeal the decision to the regular appellate tribunal or to the Roman Rota.

H. Initiating the Petition for a Declaration of Invalidity

A petitioner may approach a parish priest, deacon, or pastoral minister to begin the process. The parish minister serves as the petitioner’s representative (procurator) and assists the petitioner in preparing the initial statement to the tribunal that includes information regarding biographical data of both individuals, a history of the relationship, and an explanation of the difficulties experienced. The petitioner is asked to include the names and addresses of several witnesses, individuals who are familiar with the difficulties present in the courtship and marriage. The testimony of credible witnesses is essential in resolving the issue of an alleged invalid marriage.

I. The Process of Judging a Petition

The completed statement of the petitioning spouse is submitted to the tribunal by the petitioner’s procurator. Correspondence will follow from the tribunal to the respondent in which he or she will be asked to answer a series of questions. Witnesses are contacted and asked to respond to questions sent to them in the form of a questionnaire. The petitioner and the respondent are informed of each phase of the case. Once the information needed has been gathered, the parties and their procurators have the right to review the materials at the tribunal office. The defender of the bond then studies the case and offers to the assigned judge(s) observations as to the merit of the case. The judge(s) must evaluate the case and pronounce the decision. Both parties and their procurators have the right to read the decision of the judge(s) at the tribunal office. All affirmative decisions are sent for mandatory review to the appellate tribunal.

J. Grounds of Invalidity

The validity of a marriage may be challenged if an individual questions whether a quality essential to marriage was absent from consent at the time of the wedding ceremony. Behavior during the courtship and, to a lesser extent, during the time of cohabitation may give some indication that grounds of invalidity exist. Some forms of behavior such as physical abuse, alcohol and drug abuse, deviant sexual behavior, criminal activity, grave irresponsibility, mental illness, and persistent infidelity may indicate that valid marital consent was not exchanged by one or both parties. Beliefs about marriage contrary to Catholic doctrine may also indicate invalid consent. An intention to exclude children, contrary views about the permanence of marriage and fidelity may also indicate that consent was not exchanged validly. Any infringement of a person’s free choice to marry, fraud, error regarding the identity of the spouse, or extreme internal or external pressure to marry may also indicate that consent was not exchanged validly.

K. Access to Information Gathered by a Church Tribunal

Testimony gathered by the church tribunal is available only to the tribunal officials assigned to the case, the petitioner, the respondent, and their procurators. All materials relative to the trial are treated with the solemnity required by church law.

L. Time Involved

Due to the number of cases regularly submitted and the demands of canon law, it is not possible to indicate a precise time when the petition will be decided. The petitioner is advised that most cases take at least one year for a decision to be made. The policy of the Diocese of Cleveland states that a parish may not assign a date for a subsequent marriage until notification of an affirmative decision by the tribunal has been ratified by the appeal tribunal. The parties are always free to contact their procurator regarding the status of a case.

M. Court Costs

The Diocese of Cleveland incurs significant expense in the process of judging the validity of a marriage. The resolution of the petition is never contingent on a person’s ability to pay court costs. In cases of genuine need, all or part of the court costs may be waived. The petitioner is asked to help defray the total expenses by assuming responsibility in the amount of $450. This fee consists of a $50 non-refundable Filing Fee, and court costs of $400. Payment arrangements for court costs are negotiated by the petitioner and the tribunal once the case has been accepted.

For additional information, please consult a priest, deacon, or pastoral minister at any Catholic parish in the Diocese of Cleveland. You may also contact the Tribunal directly if necessary

Send mail to Tribunal@dioceseofcleveland.org with questions or comments about this web site.