To obtain an annulment in the Catholic Church, one must prove a pre-existing factor that prevented the validity of the marriage. The process is complicated and can take over a year, requiring detailed information and witness statements. An annulment declares the marriage invalid, not dissolved. Infidelity during marriage does not provide grounds for annulment.
To obtain an annulment in the Catholic Church, one must be able to prove that some factor existed prior to the marriage which prevented the validity of the marriage. It is very important to note that annulments are specifically about factors that existed before the wedding, not events that occur after the wedding. Infidelity during marriage, for example, would not provide grounds for an annulment in the Catholic church, while cheating into getting married, such as hiding significant financial problems from your prospective spouse, would. If a pre-existing impediment is found and an annulment occurs, it does not dissolve the marriage the way a statutory divorce does. An annulment in the Catholic Church is actually a statement that the marriage was invalid, essentially stating that the marriage never took place in the first place.
The process of obtaining an annulment in the Catholic Church tends to be very complicated often taking more than a year to complete. It begins with an instance where the person seeking the annulment can explain the marriage and the reasons why it is considered null. The application is often quite detailed and tends to include many questions about an individual’s entire life from childhood. It also includes many relationship questions before, during, and after marriage. Before the cancellation proceedings proceed beyond this point, the applicant’s spouse is informed of the commencement of the cancellation proceedings and given the opportunity to actively participate in the proceedings; the participation and consent of the spouse, however, are not required.
Several pertinent documents, such as baptismal records, legal marriage and divorce records, and church marriage records are typically required with the application. Once the application has been filed, the individual or couple seeking an annulment in the Catholic Church must seek witnesses who can provide information about the couple’s relationship before, during and after the marriage. These witnesses are called upon to provide all possible information, through a meeting or a questionnaire, on the marriage in question.
Once the application process is complete, the information obtained is submitted to a court for review. The court, essentially an ecclesiastical court, may contact witnesses or spouses to determine whether an annulment in the Catholic Church is appropriate or necessary. This process can take more than a year. After a decision has been reached, both interested parties will be contacted with the decision. If the annulment is not granted, neither can remarry in the Catholic Church.
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