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Marriage Tribunal
• About the Tribunal
• What are Annulments?
•
How does an Annulment differ
from a Divorce?
•
What about the Children?
• The
Process and Requirements
•
Frequently Asked Questions
• Contact Us
About
the Tribunal
The Tribunal
is a Church court which is essentially about rendering justice
while applying the Church's Canon Law. In other words, the Tribunal
is a judicial body and a pastoral ministry of the Church, which
deals with issues involving injustices and any cases that might
need the interpretation of the Church's own Law. The laws of the
Church determine when the Church community can recognise a union
as a marriage.
What
are Annulments?
The Church
acknowledges that marriage breakdown is usually a traumatic experience
for all concerned. The time of separation and divorce is a time
of upheaval and at all levels it can result in strained friendships
and feelings of alienation and guilt. While upholding
the permanence of sacramental marriage, the Church does reach
out in support to those whose marriages have broken down. Both
these aspects of the Church are particularly evident in the work
of the Tribunal.
A nice wedding
doesn't always equal a marriage. Certainly the law presumes that
each wedding is a marriage. When a marriage breaks down and there
is no hope of reconciliation, in Church law either party has the
right to challenge the validity of the marriage.
How
does an Annulment differ from a Divorce?
A divorce
dissolves the bond recognised in civil law. An annulment declares
that even though the correct wedding formalities were observed,
and even though children may have resulted from the union, the
sacramental bond of marriage, as understood by the Catholic Church
did not come into being.
An annulment
does not claim that there was no love between the parties, or
that they were lacking in sincerity, effort or commitment. Once an annulment
is declared, the parties are free to marry according to the rite
of the Catholic Church; once all requirements of law have been
fulfilled.
What
about the Children?
"Are the children
of a marriage declared null, considered illegitimate?" This is
a question that comes up frequently and sadly is misunderstood
by many people. The answer is no. The church law is very clear
and definite on this point. Church Law states that the children
of an annulled marriage are considered legitimate (Canon 1137).
The declaration of nullity has no effect whatsoever on the legitimacy
of children of a marriage.
The
Process and Requirements
The time to
start thinking of an annulment is when a marriage has finally
and irretrievably broken down and all civil matters have been
dealt with. Some come to seek nullity because they want to remarry
in the Catholic Church or they want to finalise this part of their
lives.
Many cases
before our Tribunals do concern marriages which were celebrated
in the Catholic Church but these aren't the only cases that Tribunals
consider. When a person of any religion has been married anywhere,
and wishes to marry in the Catholic Church, and the former spouse
is still alive, it is necessary to obtain a declaration from the
Catholic Church Tribunal on their freedom to marry in the Catholic
Church.
Frequently
Asked Questions
Is the
former spouse contacted?
Yes. It is a requirement of canon law that justice demands that
the other party knows of the proceedings and be offered the opportunity
to participate. If the former spouse chooses not to participate
this is no barrier to the case proceeding.
Are witnesses
necessary?
Yes. Witnesses are nominated by the parties to the marriage. They
are usually people who have some knowledge of the persons of the
marriage and of the marriage itself. Witnesses are interviewed
confidentially by the Tribunal.
How is
a decision reached?
When it is considered by the Tribunal that there is sufficient
evidence for the case to proceed to judgement, formal (private)
sessions of the Tribunal are held. The parties are not required
to attend. The marriage bond is defended by a Defender, who upholds
the ideals of the Church's teachings on the Sacrament of Marriage.
The decision is then made by judges of the Tribunal, who declare
with moral certainty either that a marriage is sacramentally invalid
or that the evidence is not sufficient to overturn the presumption
that the marriage is valid.
What happens
after the decision?
Once this first decision is made, the case must be forwarded to
the Appeal Tribunal of Australia and New Zealand. This Tribunal
reviews all decisions. If the Appeal Tribunal endorses the judgement
then a decree of nullity is issued.
Is every
application successful?
No. The decision rests with the Tribunal after reviewing all the
evidence. Sometimes cases are unsuccessful due to insufficient
evidence or the evidence does not prove the marriage is invalid.
How long
does it take?
Each case is dealt with individually. It is quite incorrect to
believe that every case takes years. Sometimes less than a year
is required, usually the case should be completed no more than
18 months.
What is
the cost involved?
The Tribunal charges differ for the different types of cases,
ranging from $50 to $750. It must be stressed that financial difficulties
do not hinder the processing of any case.
Contact
Us
The Tribunal of
the Catholic Church (New South Wales and Australian Capital Territory)
Diocese of Maitland-Newcastle
Location: 12 Tudor Street Hamilton NSW 2303
Postal: PO Box 759 Newcastle NSW 2300
Phone: (02) 4979 1370 or Fax: (02) 4979 1379
Email: tribunal@mn.catholic.org.au
Opening Hours: Mon-Thurs 9:00 am - 5:00 pm
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