Introduction

Given my recent appointment as a Defender of the Bond, many people have asked me about the specifics of the role. So, I will briefly explain it here. Most of you have heard of marriage annulments in the Catholic Church. Perhaps a few of you know the nitty-gritty details of the process. Explaining the whole process in one go might be too tedious, so I will explain what is necessary to understand the role of the Defender of the Bond (cc. 1671-1691). Like in any other legal system, there are, first and foremost, the parties questioning the validity of their marriage. Moreover, several judges (the number can vary depending on the case) and the Defender of the Bond are involved in the process.

The Role of the Defender of the Bond

To understand this role better, it is essential to note that marriage annulments in the Catholic Church differ in key ways from civil annulments. Let me explain. The first visible difference is that the party and/or parties can both argue against the validity of the marriage. This, ultimately, means that the marital bond itself needs a canonically competent individual to defend it. This is where the role of the Defender of the Bond comes in. The role of the Defender of the Bond is to help the judges see what the parties might not be seeing and, thus, why the marriage has always ‘possibly’ been valid. In a sense, the role of the Defender of the Bond is what we usually refer to in Maltese ‘l-avukat tax-xitan’ (i.e. the devil’s advocate) because this person needs to look at those things which could still safeguard the marital bond.

Why does the Catholic Church require this role?

The whole point of this role is not because the Church likes to make it difficult but because one has to remember that a marriage between two Catholic parties is a sacrament with an indelible character. Consequently, the Church must ensure that each case is seen from every lens before the definitive sentence. The Church takes the marriage annulment process very seriously. Thus, several civil law courts worldwide, including in Malta, give weight to the Church’s definitive sentence. In other words, the Church’s declaration of nullity (or otherwise) has legal recognition in civil annulment in several countries.

3 Key Takeaways about the Defender of the Bond

1. The Defender of the Bond is called such only in matrimonial cases. In other cases (e.g. abuse of Church funds), there is no ‘bond’ to defend. Thus, the role changes to Promoter of Justice.
2. Sometimes, the Defender of the Bond cannot defend the indefendable. Nonetheless, this person must demonstrate all the possible perspectives to the judges. Ultimately, it is up to the judges to decide the case.
3. In contrast to the Defender of the Bond, there is also the Advocate. This role is to argue why a marriage should be declared null. Usually, the parties are not canon law savvy. Consequently, an Advocate can be called to submit their pleadings to demonstrate to the judges why the marriage in question should be declared null.

Conclusion

The Ecclesiastical Tribunal team works together, each in their role, to try to piece together the puzzle of what truly happened. As canon lawyers, our goal is not personal gain or prestige. We seek justice by digging for the truth. My colleagues and I always start each case with a prayer. Given the circumstances and grounds being examined, we seek God’s guidance and ask God to help us do what is just.