Marriage Annulment

Sacramental Marriage is a Covenant

According to the teaching of Christ and the Church, sacramental marriage is a covenant by which a man and a woman establish between themselves and God, a partnership of the whole of life. By its nature, marriage is ordered toward the good of the spouses and the procreation and education of children. Christ the Lord has raised marriage between two baptized persons to the dignity of a sacrament. This partnership requires that the two truly become one, that they are faithful to one another, and that they maintain their irrevocable union until death.

Declaration of Nullity of a Marriage: Annulment

The consent of the spouses must be an act of the will, free of coersion or external threats.  If this freedom is absent, the marriage is invalid.  For this reason (or other reasons that render the marriage null and void), the Church, after an examination of the situation by a competent Church court, can declare the nullity of a marriage, that is, that the sacramental marriage never existed.  In this case, the contracting parties are free to marry, provided the natural obligations of the previous union are discharged (cf. CCC nos. 1628-1629; CIC, can. 1095-1107).   --   United States Catholic Catechism for Adults, July 2006, Part II. The Sacraments: Pg. 288. 

The marriage of two baptized persons celebrated according to the norms of Church Law is always presumed to be valid.  When a marriage has broken down, this presumption remains in effect until the contrary is proven.  The examination of the validity of a marriage is undertaken by a Church tribunal or court.  When a Church court issues a declaration of nullity, it does not mean there was no civil, sexual, or emotional marital relationship, nor does it mean that the children of the union are illegitimate.  The declaration means that no sacramental bond - or, in the case of one party's being unbaptized, no natural bond - took place, because at the time of the wedding, the standards for a valid marriage were not met.  Grounds for a declaration of nullity (annulment) include flaws in the rite itself, in the legal capacity of the parties to marry (i.e., an "impediment"),  or in the consent they gave - whether they were lacking in discretion or maturity of judgement or were marrying due to force or fear or with an intent to exclude fidelity or commitment to a lifelong union or were placing unacceptable conditions on the marriage (cf. CCC, nos 1628-1629).  Once a declaration of nullity has been granted, if there are no other restrctions, one or both of the parties are free to enter a sacramental marriage in the Catholic Church.  -- United States Catholic Catechism for Adults, July 2006, Part II. The Sacraments: Pg. 288-289.

This proceedure has the following steps:  the Application for Annulment, the required documentation, the due process, Annulment process fee, the time-line for the process etc.,

Frequently asked questions: 

• Who can apply for Annulment
• The reasons for granting an Annulment
• Any civil effects from Church Annulments
• Can I receive the Sacraments

It is a time of healing, forgiveness and renewal.  If you are in need of this process and feel this is what you wish to explore further, you may contact your Pastor or any of the Parish Priests of your Parish to help you discern and get through it.

Some suggested resources on Marrriage Annulments in the Metropolitan Marriage Tribunal of the Archdiocese of San Francisco.