Introduction
In this post, I discuss the question I am often asked as a canon lawyer: What is the point of seeking a declaration of nullity of a Catholic marriage from the Ecclesiastical Tribunal? The answer to this question is multifold, but I will try to keep it simple by presenting two primary reasons: theological and legal. However, I will first list some essential key points to remember.
First Things First: The Declaration of Nullity of a Marriage
Individuals attempt to obtain a declaration of nullity because they want to know whether their marriage was invalid from the moment of consent. They are usually in a second relationship by the time they reach the Ecclesiastical Tribunal and usually file a petition with the hope of being able to marry the person they are currently in a relationship with. There are several grounds of nullity upon which a marriage can be examined.
Moreover, there is a list of marriage impediments that the tribunal will check, and there are also what the Church refers to as ‘privileges’. These are rare but possible. These grounds will not be discussed here because this blog post aims to understand why someone should seek a declaration of nullity. There are some critical aspects to keep in mind. Firstly, a sentence from the Ecclesiastical Tribunals can be in the affirmative (i.e. finding that a marriage was invalid from the moment of consent) or negative (i.e. finding that a marriage is not invalid and so the parties’ consent remains valid).
Additionally, should a marriage be declared null, the children born within the marriage are not affected by the sentence (especially for inheritance purposes in the civil realm), and they are not to be called ‘illegitimate’. This word is politically incorrect in contemporary times (CIC/1983, c.1139). The children remain innocent, and the spouses remain their parents. They should not be loved any less. I daresay these children deserve more love than ever before at this point in their lives from all those who can give it to them.
The Theological Reason of Marriage Nullity
Canon law aims to save souls. When a marriage fails, the spouses go through a lot of hardship emotionally, financially, and psychologically. Their relatives, especially the children, if there are any, suffer as well. In seeking a declaration of nullity, the spouses can get closure in knowing officially whether their marriage was indeed invalid or not. Should the tribunal’s sentence confirm the nullity, the spouses are free to remarry in the Catholic Church (unless there is a vetitum – a temporary prohibition). Consequently, the ‘second marriage’ enjoys the dignity of a sacrament if both parties are baptised.
Through this process, a person can possibly get a second chance with the Church’s blessing, and the chance to love again is no longer a moral burden. The common thinking might be that no one cares what the Church says or thinks nowadays. Yet, you would be surprised how many people I meet who feel bad that they are sinning because of their ‘irregular situation’ after their religious marriage failed. One must not forget that no one can ever fully know what is going on in the minds and hearts of other human beings. I am afraid that the theological reason (i.e. of one’s soul being saved) is somewhat underrated today.
The Legal Reason of Marriage Nullity
I speak with many people who tell me, “I do not see the point of a declaration of nullity because I can still go on with my life, loving someone else without needing the Church to interfere”. What this statement is trying to say is, “Are there other reasons for a person to seek a declaration of nullity even if they are not practising Catholics?” I usually caution individuals here because should the theological reason be put aside in people’s minds, there is in fact, a legal reason. In some countries around the world, the state recognises the ecclesiastical sentence of the declaration of nullity of a marriage. Consequently, the sentence executed by the Ecclesiastical Tribunals has legal weight in the secular courts.
Malta is one example. In 1993, a concordat was signed between the Holy See and Malta, which states that
The Republic of Malta recognises for all civil effects, in terms of this Agreement, the judgements of nullity and the decrees of ratification of nullity of marriage given by the ecclesiastical tribunals and which have become executive (Art. 3, and Malta Marriage Act, CAP. 255, Art. 23).
Therefore, an ecclesiastical sentence of a declaration of nullity gives the secular courts a clear picture of the marriage case present in front of them. Moreover, the spouses do not need to go through the entire process twice, ecclesiastically and civilly, while still possibly obtaining a declaration of nullity civilly as well.
Conclusion
When it comes to canon law, one must remember that there is always theological and legal reasoning behind any canon because canon law is a support system for the Church and her members, which is ultimately rooted in the Gospel. Consequently, the aim is always to help fellow humans save their souls. The salvation of souls (CIC/1983, c.1752) is our mission as canon lawyers. With that said, I ask you to pray for us, as the responsibility is not easy.
Other interesting posts to read regarding marriage in the Catholic Church are:
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