Few topics are more sensitive than ecclesiastical declarations of nullity, or, in common language, "annulments." This declaration is granted by an ecclesiastical tribunal competent in law to answer the question, "Was a particular marriage, now ended in civil divorce, valid or invalid?" That is to say, does the marriage covenant still bind the husband and wife to each other in good times and in bad, in sickness and in health, until death parts them, despite the decision of a civil divorce court. If the tribunal declares that the civilly ended marriage was not permanently binding (i.e., that it was invalid) from its very beginning, both parties are then free to enter a new and valid marriage. However, at times special counseling may be required as part of the preparation for this new marriage.
While recognizing that with the exchange of marital vows God takes two persons and makes them one flesh, the Church knows that there are times when an element necessary for a valid marriage is missing. If a person claims that something was missing from a marriage to make it invalid, that person has the right to seek the assistance of a tribunal. Most often the person asking for a declaration of nullity will be a Catholic or a person who is now seeking to marry a Catholic. Whether the parties to the marriage in question were Catholic or not, questions and answers concerning "annulments" are the same; however, because of different needs and understandings, the answers may be slightly nuanced.
A Formal Case is generally referred to as petition for a Declaration of Nullity. In reality, the petitioner is asking the Church to acknowledge there was no valid consent regarding the marriage in question. The Church holds that a previous union is valid and, because of Divine Law, a person with a valid union cannot enter into a subsequent marriage. Individuals are not free to enter into a new marriage unless it can be shown that the previous union was not valid according to the Church's understanding of the requirements for a valid consent. A person is not free to marry unless and until there has been two Affirmative Decisions. The case is first heard by a First Instance Court, such as Tribunal of Oklahoma City.
Once a person has been divorced, a person can approach the local parish to initiate the process. Anyone may submit a case. Normally this would be a Catholic; or a non-Catholic desiring to marry a Catholic or desiring to become a Catholic. One of the two parties to the previous marriage must submit the petition.
During the initial meeting with the parish minister, the Petitioner will describe the specifics of the marriage so that the minister can make an initial determination of the type of case to present. The petitioner will be asked to present a copy of the final divorce decree, a marriage certificate, and if Catholic, a current baptismal or profession of faith certificate. A basic questionnaire needs to be completed by the Petitioner. The questionnaire requires the correct address of the Respondent. The Respondent has a right to know of the proceedings and the case cannot be initiated without this issue being resolved. Additionally, the questionnaire asks for the names and addresses of several witnesses with knowledge of the parties and the marriage.
Upon completion of the questionnaire, the minister will review the answers and the required documents. If everything is in order, the minister will sign the application and submit the materials to the Tribunal for processing.
An informal case is known as a documentary case. The investigation for a documentary case is less complicated than for a formal case. Please consult with your parish minister to determine which type of application needs to be completed and sent to the Tribunal. Both types of cases require the same legal documentation: a final divorce decree, a marriage certificate, and if a Catholic, a current baptismal certificate.