Matrimonial Tribunal

Notes and guidance from the Matrimonial Tribunal

Q. What is a Matrimonial Tribunal?
A. It is not a divorce court, and it is not a marriage counselling service - though counselling goes on. People who seek the services of the Tribunal have usually been through a civil divorce and in many cases they have received counselling.
No, a marriage tribunal is there to establish facts about a marriage and to draw a conclusion from those facts. It does not seek in any way to allot blame to anyone. Though blame may be an issue in a divorce court, it plays no part in a marriage tribunal’s investigation. The tribunal looks at the facts and attempts to judge whether there was or was not in the case in hand a real sacramental bond of marriage. If so the marriage is indissoluble “till death do us part”. “What God has joined together, let no one put apart.” (Matthew 19:6). Such tribunals have existed in the Church for many centuries, long before civil courts ever became involved in matters of this kind. The Tribunal is not there to annul marriages, but to uphold the sanctity and indissolubility of the Sacrament of Matrimony.

Q. What is an annulment (or decree of nullity)?
A. Let us explain a little further. The sacrament of Matrimony creates a bond between a man and a woman which is a reflection of the bond that exists between Christ Himself and His Church, i.e. ourselves. (Ephesians 5: 21-33). It is therefore indissoluble, unbreakable. However, sometimes the bond created by a particular man and woman falls short of the full requirements of the sacrament. Like Ordination, Matrimony is a sacrament for adults, so that a man may take his life in his hands, as it were, and hand himself over totally to the other, and she may do the same to him. For this they both need to be free, not physically or emotionally impeded in any way, aware of the implications of marriage and able to take on its responsibilities. It happens sometimes that one or other of these elements is missing when the vows are exchanged and the contract is entered into; in such a case, however worthy the parties’ intentions, a sacramental bond is not created and the sacrament can be declared invalid. The parties can then be declared free to enter into another, sacramental, marriage.

Q. Shouldn’t I just forget the past?
A. Not really - you don’t want to make the same mistakes again, do you? It really is a helpful experience to face reality with the help of the trained men and women who conduct the enquiry. It can be painful of course, but it can bring great relief as well, and indeed a real personal growth. And you won’t be shocking anybody! And what a blessing to be able to enter into a fresh marriage with the full blessing of the Church!

Q. Are decrees of nullity easier to get nowadays?
A. In a sense yes, since recent developments in psychology have enabled tribunals to make a fuller assessment of the requirements of sacramental marriage. We understand better now how certain people approach their wedding without having “grown up” sufficiently to assess their own readiness or ability to sustain the life that lies ahead. Of course this does not mean that the Church expects a couple to foresee all the snags and problems that their marriage will bring forth, but only that they have the necessary maturity to handle the problems together as they arise. In trying to make a judgement on these sensitive issues, the members of the Tribunal will often be helped by listening to the assessment of witnesses who knew the parties at the time of the wedding (parents often make helpful witnesses), and on occasion by the views of an experienced psychologist.

Q. Who can ask for an annulment?
A. Either party to the marriage, whether Catholic or not. No one else. Second partners normally play no part, though of course they frequently give good moral support.

Q. Are petitions usually successful?
A. The starting point of any enquiry is that the marriage is valid - the burden of proof is on the Petitioner to show that it was not so, and if the Judges (three in number), are to reach a conclusion of nullity they must do so with moral certainty (beyond reasonable doubt). Sometimes, an initial conversation with a Canon Lawyer or an experienced Parish Priest will be enough to show that a Petition has small chance of succeeding. (Remember, it is not enough to show that one or other party has deserted the marital home). Witnesses to the facts are required, and the other party has always to be given a chance of contributing his or her own view of the marriage. Sometimes there are divergences of views!

Q. How long does it take?
A. As long as a piece of string! It varies greatly, but in Clifton Diocese we make a serious effort to complete a case within a year, as recommended by the authorities in Rome. In practice six to eight months if all goes smoothly. Many delays, though by no means all, are caused by Petitioners themselves! Witnesses may be far away or hard to contact - and the Tribunal staff themselves may have a heavy workload. Remember that no Priest is allowed to perform the wedding of a divorced person unless and until the first marriage has been annulled by a Church tribunal. So it would be foolish to ‘name the day’ before the annulment has actually been granted.

Q. Who can be a witness?
A. It is the responsibility of the Petitioner to find willing witnesses to fill in the picture for the Judges. Every effort is made to contact the Respondent; and parents, relatives, the Best Man or the bridesmaids can all be useful witnesses. Remember that the emphasis is on the situation at the time of the wedding, rather than on the breakdown; and remember too, as mentioned above, the Tribunal is not interested in apportioning blame.

Q. What about the children?
A. Annulment by a Church Tribunal has no effect at all on the legitimacy of the children, in either civil law or Church law. Sometimes legitimacy is an upsetting factor, so it is good to remember that the canonical annulment of the parents’ marriage makes no difference whatever.
 
Q. How do I start a case for annulment?
A. Simply by writing to the Tribunal Administrator (Diocesan Office, Egerton Road, Bishopston, Bristol BS7 8HU) and asking for application forms. You will be guided on to the next steps. If you know your Parish Priest well it is good to discuss with him what you are doing. All information that reaches the Tribunal is treated in the strictest confidence, and every effort is made to comply with the Data Protection Act. The telephone number is 0117 983 3907, and the office is open in the mornings, Monday to Friday.

Q. What if my case is urgent?
A. Every case is urgent! But see How long does it take? (above).

Q. How much will it cost?
A. At the time of writing, annulment cases cost the Diocese on average around a thousand pounds. The lay staff have to be paid (the clergy are not paid), and the office is not cheap to run. Hence Petitioners are asked to pay whatever they can afford towards this sum. An initial payment is asked of £50, and thereafter the Petitioner makes an arrangement with the Tribunal’s lay financial officer to make a reasonable payment, in instalments if appropriate. No case is ever turned away for financial reasons - and the Judges do not know, and have no wish to know, what arrangements any individual Petitioner is making. Even the Judicial Vicar, who is responsible for the entire running of the Tribunal, knows nothing of these matters.

Q. Does every case go to Rome?
A. Very few cases actually go before a Tribunal in Rome. But decisions do have to be ratified by a second Tribunal, in our case in the Archdiocese of Birmingham. A marriage must be declared null by two Tribunals, and it is only if those two disagree that the case goes to Rome for final decision. It happens occasionally and can cause long delays.

Q. Is nullity a Roman Catholic form of divorce?
A. Decidedly no. The Church is conscious of its mission to uphold the dignity of the sacrament of marriage. The very fact that the Church insists on the procedure for annulments shows how keen she is to fulfil that mission. If people do not understand the difference between divorce and annulment it is because they have usually refrained from taking the necessary steps to inform themselves or are so prejudiced against the Catholic Church and its laws that they are unwilling to accept any explanation that would free them from their prejudice. Marriage is a divine institution and is given into the custody of the Church founded by Christ. Our tribunals do not exist in order to annul marriages but in order to deal justly with difficult situations of doubt and uncertainty. Whenever, after investigation, the tribunal remains uncertain about a case, it must give the marriage the benefit of the doubt.

All applications for investigations into marriage should be addressed to: Clifton Diocesan Tribunal, Diocesan Offices, Egerton Road, Bishopston, Bristol BS7 8HU.