New rules for annulments to take effect Dec. 8

On Dec. 8, the Solemnity of the Immaculate Conception, a major reform of the church’s procedures for declaring a marriage null announced in September by Pope Francis will go into effect. However, it may take some time for tribunals to put procedures in place.

The Catholic New World asked canonists of the Metropolitan Tribunal to discuss the changes, which include a streamlining of the process, in order to respond to the needs of the faithful who ask the church to clarify their canonical status.

Pope Francis established a commission in August 2014 to study the current procedures, asking them to propose revisions, according to Father Michael Bradley, adjutant judicial vicar and judge at the Chicago Metropolitan Tribunal.

The Holy Father issued two apostolic letters “motu proprio” (“on his own initiative”). The first letter, “Mitis Iudex Dominus Iesus” (“The Gentle Judge, the Lord Jesus”) affects the Latin Code of Canon Law and the second, “Mitis et misericors Iesus” (“The Meek and Merciful Jesus”) affects the Code of Canons of the Eastern Churches.

“Several cultural phenomena have led to the circumstances affecting the church and the world at the present time,” Bradley said.

It has been reported that since 1990, there has been a more than 50 percent drop in the number of Catholics getting married in the Catholic Church. Fewer marriages also means fewer divorces, and therefore a smaller number of individuals who might then apply for a declaration of nullity of their marriage.

However, the percentage of Catholics who divorce has remained rather steady over the past 25 years. Of Catholics who get divorced, about 15 percent fill out an application asking a church tribunal to begin a process inquiring into the validity of a marriage.

“This means that the great majority of Catholics who have experienced a divorce either are not aware that such a procedure exists, or choose not to take part in it,” Bradley said. “The new norms take into consideration the fact that in many of the less-developed parts of the world, Catholics do not for a variety of reasons have access to this process. The changes that Pope Francis has made in reality reflect his commitment to justice for all God’s people.”

Catholic New World: How do people start the process for applying for an annulment in the archdiocese? What kind of information do they need to supply? Are the requests for a declaration of nullity ever turned down?

Raphael Frackiewicz, judge at the Metropolitan Tribunal: First you have to pray about it. And I am serious. It is not a matter of “getting an annulment” or receiving “a piece of paper.” If a person approaches the process with a prayerful attitude, trusting that God, through the judicial ministry of a tribunal, will examine the validity of the marriage, it can actually be an eye-opening and even a healing process.

I often compare the process to an examination of conscience because one is obliged to reflect upon one’s past, in particular, the events leading up to the time of one’s wedding.

On the practical level, in order to start the process, a person submits a petition to a church tribunal. He or she fills out an application, which is available at every parish. The requested information includes the following: the date and place of marriage, the address of the other spouse and possible reasons why the marriage might have been contracted invalidly.

The most important information is the place of marriage and especially the address of the other spouse. The latter will protect the rights of both parties during the process by inviting the other spouse to express his or her opinion. Of course it may happen that the address of the other spouse is unknown, but if for some reason the address was purposely not revealed, this would invalidate the process.

The goal of the process is the search for the truth about the validity of marriage. To that end the participation of the other spouse (the respondent) is very important. The tribunal is obliged to ask: At the time of the wedding, did one or both parties lack the necessary knowledge, intention and capacity to enter into marriage? Based on the facts presented during the process, the question is resolved either in the affirmative (invalidity is proven) or in the negative (invalidity is not proven).

Father Michael Bradley: It is important to mention that in no way do the new regulations announced by Pope Francis call into question or alter the church’s teaching that marriage is indissoluble.

The Catechism of the Catholic Church (No. 1614) states the following: “In his preaching Jesus unequivocally taught the original meaning of the union of man and woman as the Creator willed it. From the beginning permission given by Moses to divorce one’s wife was a concession to the hardness of hearts. The matrimonial union of man and woman is indissoluble: God himself has determined it ‘what therefore God has joined together, let no man put asunder.’”

It’s also important to point out that the word “annulment” is often used in our conversations but in fact the word is not found in the Code of Canon Law. The appropriate term is a decree (or declaration) of nullity. For example, a tribunal may declare that the marriage in question was lacking something essential, in which case the marriage was invalid from the beginning.

Another important fact that needs to be restated is that a Catholic Church declaration of nullity of a marriage in no way affects the legitimacy of children. Canon 1137 of the Code of Canon Law states that “children conceived or born of a valid or putative marriage are legitimate.”

To be sure, not all applications for marriage nullity are granted by a church tribunal. A judge may only be able to conclude that the bond of marriage is upheld based on the facts presented.

CNW: What about cost? We’ve heard people say annulments are expensive, and we’ve heard the archbishop say that no one is turned down for financial reasons. Is a certain donation requested to cover the cost? Is there any penalty if that donation is not made? If it’s really voluntary, how many people choose not to donate?

MB: I’m glad that you asked these questions. Because Pope Francis has called for tribunals worldwide to limit or even eliminate any fees for the administrative costs, this issue is at the present time being addressed.

In line with the intentions of our Holy Father, it is our desire to make this process accessible to people, including those who have suffered emotionally, spiritually and financially because of divorce. Unfortunately, there has been a great deal of misinformation over the years regarding the financial aspect. 

RF: Well, frankly, the choice of the term “donation” is rather unfortunate because it is inaccurate. If you go to a civil court you do not give a “donation” — you simply pay for the procedural costs as required. The same idea applies to the church’s procedure.

The tribunal requests that the party (most often the petitioner) pay for the procedure’s expenses — specifically, for administrative costs: documents to be printed, electricity and also wages for the tribunal personnel. A person does not “pay for an annulment.” 

The estimated administrative cost for this procedure in the Archdiocese of Chicago is about $3,000. Currently the Chicago tribunal asks for the petitioner to pay only one third of that cost, that is, $900. However, it often happens that a person is unable to pay that amount at once, and thus he or she may make payments over time. The tribunal’s practice has always been never to reject a person’s petition because he or she is unable to pay either the entire amount or even a portion of it.

CNW: Now for what’s going to happen. How will the changes Pope Francis made affect the process here in the archdiocese? Will those changes affect everyone who applies or just certain kinds of cases, and if so, what kinds?

RF: Again, I wish to clarify the terms. What do we mean by “successful annulment?” The purpose of the annulment process is not “to get it” as if that would be the “success.” The process is about examination of the marriage; whether my marriage was contracted validly or not.  It is to look at yourself and at the same time allow the church tribunal, guided by the Holy Spirit, to examine whether the marriage was valid or not.

So there is no such thing as a “successful annulment” because the church tribunal does not reward (by granting the annulment) or punish anyone (by not granting the annulment).

The church tribunal only pronounces the discovered truth about your marriage.

Now, let’s talk about the changes introduced by the Holy Father. Some changes will affect the process in general, and some changes will affect dioceses with a larger population of more diverse ethnic backgrounds such as the Archdiocese of Chicago (Hispanic, Polish, Filipino, Korean, etc.).

The most important change in the process itself is the fact that the automatic appeal or verification of the initial affirmative decision by the first tribunal will no longer be required after Dec. 8. This will shorten the amount of time it takes to process a case.

It is my opinion that the majority of cases presented to our tribunal will not be eligible for an abbreviated procedure, where both parties must be in agreement concerning the invalidity of marriage, and also where there is sufficient evidence to prove that a marriage was not valid.

Another important change is the fact that our tribunal will no longer have to obtain the consent of the tribunal from the diocese (even in another country) where the other spouse currently resides.

Let’s say the petitioner lives in Chicago but the respondent lives in Mexico or somewhere in Europe. Previously, we were required to ask another tribunal for permission to start the process in Chicago, and often such permission was not granted (for various reasons) and the person had to start the process in the country where the respondent lives, which complicated and delayed the process.

CNW: When can people expect to see changes take effect? Will it take a long time to put new procedures into practice?

RF: The law takes effect on Dec. 8. The changes will follow. But I am certain that even if the new law will be there, it will take some time for all of the church tribunals to get use to the new rules and procedures.

CNW: How long does the process take? How involved are the applicants — do they file their paperwork and just wait for an answer, or are there other things they need to do as their case winds its way through the tribunal? How much variation is there in terms of time — are some relatively quick and simple, while others get more complicated? What about if one party objects having a declaration of nullity?

RF: There are several processes, and in fact there are some that may take over one year, and others that may take only a few months. The new norms, which take effect on Dec. 8, indeed stress that the process should be completed without unnecessary delays. Pope Francis even highlighted the role of the diocesan bishop in declaring a marriage may be invalid.

However, to conduct the process without delay does not mean that a case moves forward without great attention to the rights of both parties. This process is a serious matter and cannot be taken lightly or with haste. It is still a legal procedure wherein proofs must be presented and evaluated. The judge (or a panel of three judges) must be able to conclude with moral certainty whether or not a marriage is valid or not.

After a person submits an application, the tribunal determines precisely which kind of process is appropriate in a particular case. 

The parties, or at least the petitioner — the person who initiates a process — are expected to be actively involved in the process. Both parties are asked to present testimony, and provide a list of individuals who can serve as witnesses who can substantiate the history of the marriage under consideration.

The participation of the respondent is highly encouraged. He or she may choose to participate in several ways: By 1) agreeing with the claim of invalidity and submitting testimony; 2) choosing not to participate in the process; or 3) disagreeing with the petitioner’s allegation of invalidity of the marriage. The respondent may also submit the names of witnesses.

As mentioned previously, the goal of the process is the search for the truth about a marriage. The judge does not side with a party, or “reward” one party and “punish” the other with a declaration of nullity. The judge is impartial and is only interested in the truth. The presumption of the law is that every marriage is valid until proven otherwise.

MB: That is the firm teaching of the church. So it is not true that the church is “giving Catholic divorces!” The church may declare that a certain marriage is not valid, but this would take place only if the evidence submitted proves it during the process