Declaration of Nullity

Every now and then, a news program will raise many questions about the annulment (declaration of nullity) process in the Roman Catholic Church. Viewers are sometimes left with the impression that a Church declaration of nullity is a declaration that the marriage never took place and that all children born of the marriage are illegitimate.

A brochure published by the Archdiocese of Cincinnati and available from the parish office explains the Church’s approach to divorce, the declaration of nullity process and remarriage. The following excerpts are taken from that publication:

“The Catholic Church strives to teach what Jesus did and to be as compassionate as he was. Jesus confronted hard issues such as divorce and remarriage. (Mk 10:2-12; Lk 16:18) …

“Jesus taught the norm. Marriage is a permanent and exclusive partnership between a man and a woman for the purpose of giving and receiving love open to the birth and nurture of children. The Catholic Church presumes every legitimate marriage to be valid and binding for life unless proven otherwise. This presumption applies regardless of the baptismal status of the parties or the place where the wedding occurred.”

“Jesus, however, faced the reality of divorce, but did not solve every problem. One justification for such an exception to his norm is mentioned in Matthew (Mt 5:32-32; 19:3-12; the scholars differ over what this means.) And so, in the declaration of nullity process, the Church judges that a specific failed marriage lacked something essential, did not meet Jesus’ ideal from the beginning, and, therefore, is invalid and not binding for life. A declaration of nullity is one way the Church tries to be as realistic as Jesus toward those who suffer because of such a situation.”

“According to the laws of the Catholic Church, a declaration of nullity declares that the union is not spiritually binding for life, even if the wedding was celebrated before a priest and two witnesses."

“A declaration of nullity is not a moral judgment on the parties. It is not the Church’s approval of a civil divorce or dissolution. The declaration of nullity does not place blame on one or the other party for the failure of the marriage. The only direct effect of a declaration of nullity is on the parties, regarding their freedom to marry in the Church.”

“Therefore, the children from a legitimate civil or church marriage remain legitimate even if the marriage itself is declared invalid. A declaration of nullity does not change the fact of parentage or the status of children in the Church.”

“The petitioner (for the declaration of nullity) has not only the right to present his/her case but also the obligation to prove it. This means answering the proper questionnaire(s), supplying the necessary documents, and giving the names and addresses of the other party and witnesses as needed.”

“The respondent has also the right to present his/her side of the case. Church law requires only that the respondent be notified and invited to participate. It does not require his/her participation.”

There is no longer a fee or any charge associated with a declaration of nullity.

At St. Columban Parish, Don Kruse is certified to assist any person who has questions about the process or feels they have reason to apply for a declaration of nullity. In the words of the brochure: “No case is too weak to explore the possibility of a declaration of nullity. Let the officials be the experts who decide the merits of the case.”