According to the norms of canon law, the Tribunal of the Archdiocese of Seattle is the court established by the Archbishop in order to adjudicate cases concerning the status of persons, the violation of rights, and the imposition of penalties. The Code of Canon Law and the jurisprudence of the tribunals of the universal Church regulate the legal practice of the Tribunal. Those who have studied the law of the Church, known as canon lawyers, also provide canonical advice to the Archbishop, members of the archdiocesan curia, clerics, and the faithful of the archdiocese.

Although the Archbishop is the chief judge of the Archdiocese, it is not possible for him to personally adjudicate each case. Under the direction of the judicial vicar (a priest appointed by the archbishop to preside over judicial matters), a staff of priests, deacons, and laypeople who have been trained especially for such work carries out the ministry of the Tribunal.

A majority of the caseload involves parties who have petitioned for an examination of marriages for a possible declaration of nullity.

Canon law is the name for the Catholic Church’s order and discipline, structures, rules, and procedures. The Catholic Church has two Codes: one for the Latin Church and one for the Eastern Catholic Churches.

What is a code? A code is a single collection of all the laws of a community in one place, promulgated by a legislator. A code is intended to be consistent, systematic, and logical.

The universal legislator of the Catholic Church is the Pope; the official language of canon law is Latin. Canon law is a tool to guide the Church as a large human institution from differing cultures and languages. In short, canon law informs the community on how to conduct themselves and protects the rights of the faithful.

Law is not new to the Church. The people of the Old Testament were very familiar with law, as the Torah ruled many parts of their lives. With the emergence of Christianity, the New Testament became a guide for the young Christian communities. In addition, some communities produced ‘handbooks’ that provided guidance for various aspects of Christian life. Councils, like the Council of Nicea, also provided norms. The first collections of canon law were primarily private collections of ecclesiastical laws from councils and Roman Pontiffs. In the twelfth century, a university scholar in Bologna named Gratian compiled a collection of canons called the Concorida discordantium canonum, also known as the Decretum. Through it Gratian introduced jurisprudence into canonical thought. The Decretum was the predominate canonical collection of its time and would become the foundation of the canonical tradition. This text also quickly became the standard textbook in the field. No collection of law replaced it until the 1917 Code of Canon Law.

At the time of the First Vatican Council, the leaders of the church decided that the law needed to be consolidated into one codified system. Cardinal Gasparri led the project, and the first Code of Canon Law was promulgated in 1917 and was in force until 1983.

During the twentieth century, the Church and the world experienced great changes and growth. January 25, 1959 Pope John XXIII convoked Vatican II and announced the intention to revise the 1917 Code. In some areas the Code had gotten out of date and many things were promulgated after the Code was completed, so the body of law needed to be consolidated and revised. A commission began work on the new Code after the completion of the council on November 20, 1965. The documents of Vatican II were integral to the revision of the Code and are necessary for the interpretation of the 1983 Code. Saint Pope John Paul II promulgated the revised Code of Canon Law on January 25, 1983. This is the same code that is used to this very day.

The Code is divided into seven books:

1. General Norms
2. People of God
3. Teaching Office
4. Sanctifying Office
5. Temporal Goods
6. Sanctions
7. Procedures

The Code of Canons of the Eastern Churches was promulgated by Saint Pope John Paul II on October 18, 1990 for all 21 Eastern Catholic Churches.

The patron saint of canon law is St. Raymond of Peñafort, whose feast day is January 7.

Marriage Permissions / Dispensations

If a couple needs a permission or dispensation to enter a marriage, talk to the Marriage Coordinator or the Pastor of the parish where the preparation is taking place.

Below is a detail of when you need to

Permission:

• Mixed marriage – a Catholic wishes to marry a baptized non-Catholic
• Mixed marriage within Mass
• Canon 1071, 3°, no wedding is to take place unless it is proven that the natural obligations toward another party, or children arising from a previous union are being met.
• Marriage outside an approved place – this is when a Catholic deacon or priest will witness the vows of the couple, but the wedding will not take place within a parish church.

Dispensation:

• Disparity of Cult – a Catholic wishes to marry an unbaptized person
• The marriage of first cousins
• The impediment of affinity
• The impediment of crime
• Canonical Form – this is when a couple does not want a Catholic wedding but wants their marriage by a rabbi, protestant minister, etc. to be recognized by the Catholic Church. This dispensation is NEVER given for two Catholics.

An annulment is a declaration by an ecclesiastical tribunal that a marriage between two parties was not valid according to the laws governing marriage in the Catholic Church. It is a statement that the bond of marriage was not formed at the time of consent, or at the time the vows were stated at the wedding. It is the time of consent that determines whether or not the marriage is valid. The process of determining whether or not this bond was formed is an investigation which requires witnesses, evidence, and other testimony. Because the time of consent is the determining factor of the validity of the marriage, the evidence must focus on that time and the time surrounding the moment of consent.

The reason the Catholic Church conducts investigations into the validity of marriage is because the Church does not believe in the possibility of divorce, but does recognize that there could be circumstances that could have resulted in an invalid marriage, or that the bond of marriage was never formed. In the tradition of the Church, there are several causes, or grounds, that render a marriage invalid. Through jurisprudence and other factors, it has been determined what evidence is needed to prove that one of those factors, or grounds, were present. It is important to note, however, that a marriage is presumed valid until proven otherwise. Also, there is a high burden of proof in marriage nullity cases. The judge(s) must have moral certainty that the marriage bond was never formed. That means that in their conscience, the judges have no doubt that the marriage between two parties is invalid.

The effects of the annulment process are thus:

• Affirmative: If through the investigation of a marriage the judges find in the affirmative, which means that the evidence has proven that the marriage is invalid, or that the bond of marriage was never formed between the parties. Therefore, the parties are now free to marry. However, it is important to note that the children of this marriage are not illegitimate. The annulment process has no effect on the status of children.
• Negative: If through the investigation of a marriage the judges find in the negative, which means that the evidence has not proven that the marriage is invalid. Therefore, the parties are still married and are NOT free to marry another.

Do I need to apply for an annulment?

Here are some examples of people who should apply for an annulment (this list is not exhaustive):

• A divorced Catholic who is now remarried outside the Catholic Church.
• A divorced Catholic who would like to remarry.
• A divorced non-Catholic who is now married outside the Catholic Church to a Catholic.
• A divorced non-Catholic who would like to marry a Catholic.
• A non-Catholic who is divorced and remarried and would like to become Catholic.

The annulment process begins when a party petitions the Tribunal for a declaration of nullity by challenging the validity of his/her marriage. The party who initiates the process is referred to as the Petitioner; the other party is referred to as the Respondent. The Tribunal then conducts an investigation into the circumstances surrounding the marriage, most especially when the couple exchanged their vows. The investigation seeks to establish whether there was ever a marital bond as understood by the Catholic Church. If not, the marriage is considered invalid. A declaration of nullity does not dissolve a bond which already exists. For this reason, an annulment cannot be considered a Catholic divorce.

Step 1: To petition for an annulment, contact the nullity minister at your parish or your pastor

You and the nullity minister will set up a time to meet and go over the procedures to submit your case. These are some of the items you will need:

• Baptismal certificates for both parties in the marriage, for all Catholic parties. We will need a new Baptismal Certificate issued within the last 6 months from the Parish of Baptism with notations
• A certified copy of the Marriage License; Abstracts issued by the State are not acceptable
• A copy of the Divorce Decree

You will also be asked to complete a Petitioner questionnaire. This is an investigation, so be as detailed as possible, avoiding yes or no answers. The more detailed your testimony is, the stronger your case will be. This testimony will also determine on what grounds the case will be submitted. Grounds for annulment are the reason(s) why the party believes the marriage is invalid. The nullity minister will assist you in suggesting the grounds.

Another very important aspect in submitting your case to the Tribunal is your witnesses. We require that you submit 3-5 witnesses. The more witnesses you have, the easier it is for the court to come to a decision in your case. Furthermore, these witnesses should be people who know you well and can give testimony regarding your courtship, the time of the wedding, and the life of the marriage. Please tell your witnesses that you have submitted their names to the Tribunal.

Step 2: Petition is forwarded to the Tribunal

Once all the paperwork is complete, the nullity minister will submit the case to the Tribunal. The Tribunal will then decide if it has competency to hear the case. In Canon Law, competency refers to jurisdiction, and the consequent ability to hear a case. A Tribunal may have competency in four ways:

• It is the Diocese of the place in which the marriage was celebrated.
• It is the Diocese of the place in which the Petitioner or Respondent lives.
• It is the Diocese of the place in which most of the proofs must be collected, provided that consent is given by the Judicial Vicar of the Respondent.

Once the Tribunal determines competency, the case is accepted. A judge and case coordinator are then assigned to the case.

Step 3: The Respondent is contacted

At this stage of the annulment process, the Respondent must be cited. As a party to the marriage, he/she must be contacted about the investigation of the marriage. He/she has a right to:

• Participate – but does not have to
• Read testimony
• Provide testimony
• Provide witnesses     However, you do not have to have any contact with the Respondent. The Tribunal communicates with him/her. We only ask that you provide us with any contact information you might have for him/her.

Step 4: Evidence gathering

After the grounds are accepted, the case is moved to the evidence gathering phase. This is when questionnaires are sent to the named witnesses and the Respondent if he/she is participating. Then, the Tribunal waits for the completed questionnaires. Cases are often delayed because the witnesses do not respond in a timely manner. Therefore, be sure your witnesses are punctual and very thorough in their answers!

Step 5: Publication of the Acts

Now that all of the testimony has been collected, the Acts, or evidence, are published. This does not mean that they are open to the public domain. Rather, the Petitioner and Respondent have the right to read all of the acts gathered regarding this case. If there is a question of confidentiality, the person’s name on the testimony may be removed. But in order for testimony to be used by the judge(s) in reaching a final decision, the witness must allow both of the parties to read it.

Step 6: Decision

The judge(s) now examines the evidence to determine whether the marriage was valid. In every petition for an annulment, the marriage is presumed valid until proven otherwise. The judge(s) must reach moral certitude, a high burden of proof, to justify that the marriage was, in fact, invalid. The case can receive an Affirmative decision, meaning it was determined the marriage was invalid, or a Negative decision, meaning the presumption that the marriage is valid was not overturned and the marriage consent was valid.

Step 7: Effects of the Decision and Appeal

If the judges render an “Affirmative” decision, it means that the marriage is invalid and the Petitioner and Respondent are free to marry. However, it is possible for the Respondent or the Defender of the Bond to appeal the decision to a higher court if they do not agree. If there is an appeal within the prescribed time limit, the sentence is suspended and the parties are not free to marry until the appeal has been heard.

If the first instance judges render a “Negative” decision, the Church still considers these parties to be married. They are not free to marry other parties. The Petitioner or the Respondent may appeal this decision to a higher court.

All nullity cases concern a marriage of two people – the Petitioner (person applying for the annulment) and the Respondent (the former spouse). The law requires that the Respondent be contacted regarding the petition that is presented to the Tribunal because he/she has a right to know that an investigation is being conducted into the validity of his/her marriage to the Petitioner. Thus, it is very important to provide a current address for BOTH parties. This is sometimes a challenge when the divorce occurred many years ago and there are no children.

In addition, there may be people that were around at the time of the marriage that would be able to testify to the marriage under investigation but are no longer in contact with the Petitioner or the Respondent. It would be worth a search to find them and ask if they would be willing to provide testimony.

The Tribunal asks that the Petitioner provide certified marriage licenses and a copy of their divorce decrees. This is necessary because:

• The marriage license tells the Tribunal where the marriage took place and who married them. If one of the parties to the marriage is Catholic, we need to see if he/she was married in the Catholic Church. The place of marriage may be a factor in the type of case that needs to be filed. These documents must be certified so we know the information was not altered.
• The divorce decree tells the Tribunal that the particular civil jurisdiction has declared the marriage between the parties to have ended. This is important because if the parties petition for an annulment before the civil decree of divorce has been obtained, the Tribunal could be sued civilly by the other spouse for alienation of affection. Also, it is evidence that there is no hope of reconciliation. In addition, the Tribunal cannot accept an abstract of the decree of divorce. This is because the Tribunal needs to know if the parties have lived up to the obligations required by the civil court. Abstracts do not include that information.

In order to obtain certified marriage licenses and/or a regular copy of divorce decrees, please contact the county where the marriage took place. Most, if not all, counties in the United States have a website that contains the proper contact information for such records.

The Respondent is the party of a marriage who did not petition the Tribunal for an investigation into the marriage; the Petitioner is the party of a marriage who begins the process of the investigation.

The Respondent can choose to participate in the process by submitting testimony and witnesses. He/she also has the opportunity to read the acts of the case and the definitive sentence at the appointed times. However, if the Respondent does not want to participate in the process or cannot be located, the process can continue on without them.

As a party to the marriage, the law requires that we attempt to contact them. They have a right to know that an investigation is being done on their marriage. If there is a concern about contacting the Respondent, the Tribunal will not divulge contact information, but the Respondent must be cited. If you have more questions about this, please contact the Tribunal.

Non-Catholics who wish to marry a Catholic are bound by the laws of the Church regarding marriage. That means that if a non-Catholic party wishes to marry a Catholic they must marry in the Catholic Church according to canonical form. That also means that if the non-Catholic party has a previous marriage(s), he/she must petition the Tribunal for an annulment. Even though they are not Catholic, or were not Catholic at the time of the marriage if they are entering the Catholic Church, the Church recognizes the validity of any marriage, natural or sacramental. If you were not Catholic and were not marrying a Catholic, you are not bound to the marriage laws of the Catholic Church. Therefore, the Catholic Church recognizes the marriage you contracted as a non-Catholic and considers you married to that person until proven otherwise.