“They are no longer two, but one flesh. Therefore, let no one divide what God has joined together” (Mk 10:8-9).

For 2000 years, the Catholic Church has held fast to this teaching of Jesus Christ. Once a man and a woman exchange consent to marry, the Church presumes that the marriage is valid, and as long as a person is considered to be in a valid marriage, he or she cannot marry again.

 “Whoever divorces his wife and marries another person commits adultery” (Mk 10:11-12).

However, there are some circumstances under which a marriage might not have been valid to begin with. When a man and a woman say “I do” at the altar, each is entering into an agreement with the other person to marriage. This is called exchanging consent. When two people exchange consent, they must be able to make a free and informed decision to do so. Moreover, they have to choose marriage as it was fundamentally intended by God the Creator. If either of these conditions is not met, a valid marriage bond cannot arise. If there is no marriage bond, the Church considers a person free to marry. This is precisely what the marriage nullity process seeks to determine: whether or not, based on specific reasons, a valid marriage bond arose when two people exchanged consent.

To determine whether or not a marriage was invalid at the time of consent is a tremendously serious and weighty decision, so the Church requires that the decision be made by an ecclesiastical court. Judges appointed by the bishop of a diocese are given authority by the Church to decide these matters. These judges direct the process by which information about the marriage is gathered and a decision is arrived at as to whether or not a marriage was invalid. This process is referred to as a marriage nullity trial.

There are two additional points to keep in mind. First, the Church always presumes that a marriage is valid until proven otherwise. Proof of invalidity must be demonstrated during the process by the one who claims the marriage was invalid. Second, all parties in the nullity trial have the right to a defense and the obligation to participate when invited. When all concerned make use of their rights and are active in the trial, it assists considerably in bringing the process to a just and timely conclusion.

There is no doubt that the marriage-annulment process can appear complex and confusing; nevertheless, it is essential for those who wish to clarify their marital status in the eyes of the Catholic Church. This section is intended to make the process more understandable to those involved in it.

1. Starting a Case: The Petition

A Tribunal of the Catholic Church cannot examine the case of a particular marriage until it receives a petition from one of the parties to the marriage. The spouse who asks for a declaration of nullity is called the petitioner, and the other spouse is referred to as the respondent.  Either a Catholic or a non-Catholic may petition for a declaration of invalidity. A non-Catholic will petition when he or she wishes either to convert to the Catholic faith or to marry someone who is a Catholic.

A petition is submitted after a person has spoken with a Church representative, often one’s pastor or a representative of the Tribunal on a parish level known as a Case Counselor. This person will determine whether or not the marriage in question requires a formal marriage trial, or whether it can be a brief or documentary process (processes which this brochure does not address). The petitioner and case counselor will also be assisted by a Regional Advocate, a Tribunal representative who provides expertise to all case counselors in a particular region of the diocese.

Once proper forms are filled out and the necessary documentation obtained (marriage license, a civil divorce decree, baptismal certificates, etc.), the petition is forwarded to the Tribunal. An official of the Tribunal then examines the petition to see if it is complete, and if it contains the required documents.

2. Acceptance of the Petition

When the petition is complete, it is given to a priest known as the Judicial Vicar (the head of the Tribunal). The first thing a Judicial Vicar does is determine whether or not the Austin Tribunal is authorized by Church law to hear the case or whether it will have to be sent to another Tribunal, which is so authorized.

The Judicial Vicar will then decide whether to accept the petition and proceed with the case. In order for the petition to be accepted, it must contain a minimum indication that the marriage might be invalid according to the laws of the Church. This does not mean that the petition must prove the case. Nor does it mean that the Court is already swayed in favor of the nullity of the marriage.

In the rare instance that a petition is not accepted, it is returned to the person who submitted it. The petition can be submitted again at a later date when it contains a stronger indication that the marriage might be invalid. If a petition is not accepted, the Judicial Vicar will inform the person of the reasons why and what options he or she may have.

If the petition is accepted, the other party to the case (the respondent) will be notified of the proceedings and asked to participate in them. The Tribunal is required by Church law to exhaust all effort to contact the respondent. In as much as it is possible, the petitioner must notify the Tribunal of the current residence of the respondent when drafting their petition.

3. Constitution of a Court

The Judicial Vicar then establishes a Court composed of a panel of three judges working with a defender of the bond and a notary. The defender of the bond is a person assigned to argue in favor of the validity of the marriage. The defender has a very serious job. Because the Church assumes all marriages are valid until proven otherwise, the defender takes the Church’s position in the case. The notary is responsible for carefully maintaining the records of the case and for managing correspondence with the parties to the case. Once the Court is established, it will be responsible for the marriage case until its completion.

4. Choosing of the Grounds of Nullity

Church law provides several reasons (referred to as grounds) why a marriage might be considered null. For example, there might have been a psychological disturbance at the time of consent which prevented one of the parties from making a truly informed decision to marry. Or one of the parties might have deliberately chosen before consent not to be open to having children.

The parties take part in determining what the reasons for nullity investigated by the Tribunal will be when drafting the petition with their case counselor and advocate. After hearing the parties and the defender of the bond, the Judicial Vicar will determine exactly what ground of nullity will be investigated by the Tribunal.

5. Collection of Evidence      

This part of a marriage nullity trial is the one which most affects how a case is ultimately decided, since judges must consider only the evidence before them when coming to a decision.

Since it is up to the petitioner to prove that a marriage was invalid, he or she must present evidence to the judge. The petitioner must provide witnesses who were familiar with the parties during the courtship, the engagement period, the wedding, and preferably at least the early stage of the marriage. Character witnesses may also be requested by the Tribunal. The respondent is also encouraged to participate actively in the proceedings. Regardless of whether they are for the annulment or against, their evidence and/or witnesses will greatly assist the judge in coming to a just decision.

Evidence is collected through oral testimony. Oral interviews are conducted at the Tribunal Office by the judge in the case, or by an assistant to the judge called an auditor. If extenuating circumstances prevent the parties or witnesses from attending an interview in person, their testimony may be collected via an online video call or telephone call. A written record of the testimony is made, and it becomes part of the record of the case.

In cases where psychological reasons (grounds) for the invalidity of a marriage are suggested, the judge will enlist the assistance of a psychological expert. The expert will, at minimum, study the evidence collected in the case in order to offer the Court a qualified opinion as to the possible presence of any psychological disturbances at the time of consent.

6. Publication of the Evidence

As in all trials, whether ecclesiastical or civil, those parties involved have a right to review the evidence gathered in the case. Parties to a case include the petitioner, the respondent, their case counselor and/or advocates, and the defender of the bond. Accordingly, the parties will be sent a letter from the Tribunal indicating that they may come to the Tribunal to review new evidence unknown to them. This is an important step in the trial since both parties will have the right to challenge statements made by the other party or witnesses. Witnesses do not have access to the evidence.

7. Conclusion of the Case and Discussion

When the time for submitting evidence has passed, and the judge determines that sufficient evidence has been collected, the case is “concluded,” which means that the evidence-collecting phase is complete.

All parties now have the right to submit a written argument in defense of their position. At this stage in the trial, the defender of the bond submits their written arguments in defense of the validity of the marriage, and the advocates of the parties may do the same.

8. Judgment and Its Publication

Once a case is ready for judgment, the judges will weigh all the evidence collected and then come to a final, definitive decision in response to the original question: Is this marriage invalid based on the reasons given? First each of the three judges studies the case alone and comes to a preliminary individual decision. Then all three judges meet together and discuss the case. At the end of this meeting, the judges will take a final vote which will determine the outcome of the case. If the judges decide the marriage is invalid based on the reasons given, an affirmative declaration is issued. On the other hand, if a judge decides the evidence was not sufficient to declare the marriage invalid, a negative decision results.

After a decision is made, one of the judges writes up the reasons for the decision in a formal document called the definitive sentence, which is then signed by all the judges. The parties are informed of the decision and invited to read the definitive sentence at the Tribunal office.  This is an important step in the process. A party who does not agree with the outcome of the case will now be able to read the sentence in order to decide whether to appeal it.

9. Challenging the Definitive Sentence

It is not uncommon for a decision to be reached which goes against the interests of one of the parties. For example, a respondent might argue in favor of the validity of the marriage, so he or she would be opposed to an affirmative decision. Alternately, a petitioner who asks to have a marriage declared invalid might receive a negative decision.

When a party is opposed to a decision given by this Tribunal, the sentence can be appealed to a higher court (an appellate court). In most cases, a party wishing to appeal a sentence will do so to the appellate court in the Archdiocese of Galveston-Houston. However, a party may also appeal directly to the Apostolic Tribunal of the Roman Rota (the Church court in Rome which decides marriage cases).  Should a party wish to appeal the sentence, they should do so with the assistance of their advocate.

10. Warnings and Prohibitions

Sometimes, even if an affirmative decision is given and confirmed, a person still may not be free to marry in the Catholic Church. If there is serious reason to believe that a person is still unable or unwilling to enter into a valid marriage, the judges, depending on the seriousness of the problem, may place either a prohibition or a warning on a future marriage. This means that, even though the marriage may be declared invalid, a party may not be free to remarry until certain conditions are met, such as resolving the problems which led to the invalidity of the first marriage.

1. Filling out the Forms and Answering Questions

All persons who participate in the marriage-nullity process are obligated to tell the truth. This means that any and all information submitted to the Tribunal must be true and accurate to the best of a person’s recollection.

All answers submitted on initial questionnaires and subsequent personal interviews should be as thorough and straightforward as possible. The Tribunal is not interested in assigning blame for the breakup of a marriage; nor should parties seek to do so. However, marriages do not end because everything was wonderful, so the answers given should best present the reality of the situation, the good and the bad, as best as the parties can recall. Most often, this will require recalling and saying unpleasant things about the marriage. In a word, this cannot be helped. If a marriage nullity case is to move forward, evidence regarding the marriage and those who were a part of it must be offered to the Court, so please, be as open and frank as possible in answering questions while always keeping both eyes on the truth as best as it is known.

Furthermore, answers should not consist simply of “yes” or “no” responses. Details, examples, and descriptions are extremely helpful to the process.  In contrast to a civil-law divorce, which usually emphasizes the final stage of a marriage, the Tribunal’s annulment trial focuses on the parties’ pre-wedding relationship, at-wedding relationship, and early stage of marital life.

2. Rights and Obligations of the Parties in the Process

All parties to a marriage nullity trial have certain rights and obligations based on the laws of the Catholic Church. It is important to keep these in mind as your case proceeds forward.

The most fundamental of rights is the right to a proper defense of your position. This is why you agree to have an advocate assist you: so that you will know what is happening in your trial and be able to respond accordingly. If you think that you are not receiving proper assistance, please notify the Tribunal immediately.

The right to defense includes several important steps in a marriage nullity trial. The first is the right to know for what reasons the marriage is supposedly invalid. Parties also have the right to submit testimony, present witnesses, review the evidence collected, and submit arguments. Finally, all parties also have a right to review the final decision and to challenge it if they so desire.

There are also obligations that bind the parties. All parties are expected to participate in the process when invited. However, if a respondent chooses not to participate, the case will move forward. Moreover, as was mentioned earlier, everyone must be truthful.

3. The Status of Children

This issue is one which most concerns parties to the marriage nullity process. In short, the process in no way changes or even addresses the legitimacy of children. If eventually a marriage is declared to be invalid, the children born of it are still considered to be legitimate by canon law.

4. The Status of Civil Court Decisions

The Tribunal attempts in its marriage nullity trials to settle a question of significant religious importance: the validity of a sacred bond. It does so by adhering solely to the laws of the Roman Catholic Church as contained in the Code of Canon Law and other ecclesiastical legislation.
Accordingly, the marriage nullity process does not address, or in any way change, the decisions of a civil court with regard to the marriage under consideration. All provisions of civil courts with regard to the civil divorce, property issues, child support, or any other matter decided in that civil forum, remain outside of the jurisdiction of this Tribunal.

5. The Use of Civil Lawyers

From time to time, parties will ask whether or not they can use civil attorneys to assist them in the marriage nullity process. The answer is an emphatic no. Church law expressly states that all advocates must be approved by the diocesan bishop before they can assist someone at the Tribunal. Such approval is given only to those who meet canonical requirements for functioning in a Catholic Tribunal, and civil lawyers do not necessarily possess the knowledge of church law necessary to assist in an ecclesiastical trial.

6. The Time Frame for a Case and Its Outcome

The Tribunal works very diligently to assure a timely resolution of every case. Even so, there is simply no way to determine how long a case will take. Too many factors are involved in processing a case to offer a certain date for its completion. Accordingly, neither the Tribunal nor its officials will suggest a time frame for the completion of a case.

Moreover, it is important for all involved in a marriage-nullity trial to realize that there is no way to determine before a final decision is reached whether an affirmative or negative judgment will be given. Anyone who suggests the case will turn out a certain way is speaking from personal opinion and nothing more. The decision as to the outcome of a case belongs solely to the judges who are hearing the matter.

7. The Possibility of a Negative Decision

There is absolutely no guarantee that a marriage will be declared invalid when a case is submitted to this Tribunal. Negative decisions (that uphold the bond of marriage) are a distinct possibility since every marriage is presumed to be valid. No official of this Tribunal will ever suggest how a case will be decided.

8. Setting a Wedding Date before the Completion of the Case

It is the policy of this Tribunal that no wedding date should ever be set before the marriage nullity process has been completed. If such a date is set, the parties who arranged the wedding are solely and alone responsible for any inconveniences or damage which might result from a delay in or cancellation of the wedding.

If a marriage nullity case is not completed by the time of the wedding, or if the outcome of the case is in favor of the previous marriage, no wedding can proceed according to the rites of the Catholic Church!

9. Tribunal Fees

There is no fee to petition for a declaration of nullity at the Tribunal of the Diocese of Austin.  However, any third-party fees that are incurred are passed on to the Petitioner.  

10. Questions or Concerns

The normal means of addressing any questions or concerns you might have about a case is to contact your case counselor or advocate. If they are unable to assist you, he or she will contact the Tribunal. However, if a problem still remains unresolved, please feel free to contact this Tribunal for further assistance.

Important Note: The information in this section is meant to provide interested parties with an introduction to the Catholic Church’s marriage nullity process. As such, it simplifies a very complex process. The information found on this website should not take the place of a canonical advocate. If you are a party to a marriage-nullity case, please consult your duly-appointed advocate concerning all matters regarding your case. You may also call the Tribunal for additional clarification.