About 40 people participated in a spirited discussion on marriage, annulment and the Church, including the process of seeking a decree of invalidity, often called annulment.
“We never invalidate the people. We seek the truth to learn whether the marriage was valid,” explained Lynette Tait, a canon lawyer and judge in the Diocese of Cleveland Tribunal.
Tait and Deacon Dave Kushner, a procurator for the Tribunal, led the discussion during the July 11 Theology on the Rocks (West) program.
She began by defining what marriage means in the Catholic Church: “a partnership of the whole of life, between a man and a woman.” It is an equal partnership that must include four qualities: fidelity, procreation and education of children, indissolubility and good of the spouses, Tait added.
While a civil marriage is a legal union, Catholics should be married in the Church. The Catholic form of marriage – which also is recognized as a legal marriage – includes an exchange of consent, takes place before a properly delegated priest or deacon or can be dispensed from the Catholic form, and requires two witnesses.
“A sacramental marriage between two validly baptized people must take place in a sacred space,” Tait said in response to a question about “destination weddings.” While some dioceses may differ and permit marriages outside of a church, the Diocese of Cleveland does not permit this.
She compared a legal marriage to a Catholic marriage, pointing out the differences.
A justice of the peace, judge or other legally designated person is the official witness to the vows in a legal marriage, which is a contract that can be broken. Preparation consists of completing the proper legal documents and ensuring any previous marriages have been ended by a legal divorce.
For a valid – Catholic – marriage, a priest, deacon or other official, with the permission of the diocese, serves as the official witness to the vows. It is a covenant made for life. Wedding preparation is important to help ensure a couple understands what is involved with a sacramental marriage. A priest or deacon meets with the couple to discuss the Church’s understanding of permanency, to prepare/enrich the couple, discuss the beliefs and expectations of marriage and the marital relationship and to ensure there are no impediments to a valid (sacramental) marriage. Couples often attend a pre-Cana program as part of their preparation. The marriage is not ended except by the death of one spouse.
If the couple divorces, Tait emphasized that the marriage is ended legally, but not in the eyes of the Church. “Only the death of a spouse can end a sacramental marriage,” she said.
However, a decree of invalidity (annulment) could be sought. She explained that this is an ecclesiastical judicial process. “It states that the bond never met the minimal requirements for marriage as understood by the Catholic Church from the time of the wedding,” Tait said.
Several attendees quizzed her about the certificate of invalidity, asking if this affected the legitimacy of any children that resulted from the union and what is the sacramental status of a divorced person.
Tait said a decree of invalidity is not a statement that the marriage was illegal or non-existent according to civil law. She also emphasized it is not an evaluation of the people in the marriage, but is an evaluation of the marriage bond. Also, she said it is not a declaration that the children are illegitimate, since they were borne during a legal marriage. In addition, she said a divorced person can receive the sacraments, including the Eucharist, but may not remarry unless the other spouse dies or a certificate of invalidity is obtained. In other words, if a person divorces and remarries, he or she may not receive the sacraments unless an annulment is obtained.
When a person seeks annulment (certificate of invalidity), the process can take about 18 months, depending on the circumstances. Several years ago, the late Bishop Richard Lennon removed the fee so the process is free, she said.
“The most important thing is that we are searching for the truth,” Tait said about the process. The most important information from the case mostly comes from the time of the couple’s courtship/engagement, including their reasons for marrying and the dynamics of the relationship. “While the relationship might have looked good on the surface to others, in reality, it may not have been an equal partnership of life and love,” she said.
Defective consent, or the incapacity to consent, lack of knowledge or lack of will – one spouse did not consent despite the words spoken – are other reasons an annulment could be issued.
Kushner said if someone plans to seek an annulment, the first step should be a discussion with a priest or deacon. A case specialist, also called a procurator – a trained priest, deacon or lay person –helps guide the applicant through the required paperwork and process.
“There is a form that has been streamlined to about 10 questions,” he explained. The case specialist will ensure the applicant has completed the paperwork/questions and provided any information needed before the application is submitted to the Tribunal. Effective this month, all cases must be submitted by a case specialist.
Both spouses have the right to participate in the process, to name witnesses, to review the testimony used to make the decision, to read the decision and to appeal the decision, Kushner said. Auditors – lay people or clergy who work in the Tribunal – manage each case to ensure all paperwork is in order, witnesses have provided their testimony and both spouses have had a chance to participate in the process.
He said sometimes one spouse chooses not to participate in the process, despite several attempts by an auditor to contact the person. “That can slow things down, but it will not stop the process,” he added.
“A good majority of annulments – but not all – are granted,” Tait said, adding, “but we are dealing with marriages that are not in good shape.” The decision is rendered after a three-judge panel – or tribunal -- reviews all the documentation, discusses the case and each judge writes his or her own opinion. Judges are always canon lawyers. A defender of the bond argues the case for the marriage to remain valid. The process is conducted with strict confidentiality, she emphasized. Sometimes, expert witnesses such as counselors or psychologists are consulted, depending on the case.
If one or both spouses choose to review the opinion, they must sign an oath of secrecy and confidentiality. Also, none of the paperwork from the Tribunal can be copied or taken from the office – it must be reviewed there.
An application can be filed in the person’s home diocese or the diocese where the wedding took place. If a spouse lives out of town or out of state and is unable to come to the diocesan office, the documents can be sent to his or her diocese for review – but the confidentiality requirement remains.
One attendee questioned whether non-Catholics need to seek an annulment if they were married previously. Tait explained that any validly baptized person who plans to marry in the Church must be free to marry, which includes obtaining an annulment from the Church if he or she was married previously and the other spouse still was alive.
“There is an understanding of what marriage is to be in the Church,” she said. “It is written in our hearts by God.”
Kushner admitted the process can be confusing and overwhelming, which is why the case specialists are available to help. He said about 70 priests, deacons and lay people were trained recently to fill this important role. “We are case specialists – not canon lawyers – who walk people through the process. We try to help them understand the process and to relive their fears and anxieties.”
To learn more about the Tribunal, click here.
The Tribunal will offer a free First Step Program at 7 p.m. Sept. 27 at St. Ambrose Parish, The program focuses on Catholic teaching on marriage, divorce, annulments and remarriage. Call 216-696-6525, Ext. 4000 or click here for more information.