The Catholic Church teaches that, in a true marriage, one man and one woman become “one flesh” before the eyes of God. Various impediments can render a person unable to validly contract a marriage. And, besides impediments, marriage consent can be rendered null due to invalidating factors such as simulation or deceit, or to psychic incapacity.
A declaration of nullity, commonly called an annulment, is a judgment on the part of an ecclesiastical tribunal determining that a marriage was invalidly contracted. Annulment is the procedure, governed by the Church’s canon law, which determines the marriage to be void at its inception, meaning that the marriage was invalid from the beginning. Some worry that their children will be considered illegitimate if they get an annulment. However, Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children. Although civil laws regard the offspring of all marriages as legitimate.
Church tribunals are courts. As with any court, the person bringing the matter before the judges must prove his or her case. Tribunals will advise applicants as to how they can present the evidence necessary to prove a case. Of course, not every application is successful. The tribunal judges always have the difficult task of distinguishing those unions that were flawed from the outset from those valid marriages that have broken down.
The Ecclesiastical Maronite Tribunal of Canada is a First Instance tribunal that after an examination of the situation, can declare the nullity of a marriage. Civil divorce in Canada must be obtained before applying for an annulment. Divorce is concerned merely with the legal effects of marriage. Annulment, however, is also concerned with the reality of whether or not a true marriage was ever formed.
In order to obtain a declaration of nullity, the parties must approach the Maronite Tribunal of Canada. The tribunal will determine if one or both of the parties are judged to have given invalid consent. In order to give valid consent, the parties must give it freely. They must have a basic understanding of what they are doing and have given some thought and evaluation to their decision to enter marriage. They must be capable of fulfilling the promises they make on the wedding day; that is, not suffer from any psychological infirmity that will prevent them from giving themselves in a partnership of the whole of life that has as its ends the good of the spouses and the procreation and education of children. They must intend the words that they speak on the wedding day; that is, intend to form a permanent and faithful partnership, open to sexual acts that are procreative. Serious failures in these areas can allow a possible successful application for marriage nullity. There are other reasons that might justify an allegation of invalid consent, such as a serious error concerning the person to whom marriage promises are made, one party being seriously deceived by the other at the time of the wedding or one of the parties being subjected to force or grave fear without which the marriage would not be occurring.
The process starts by receiving the demands of nullity of marriage of the parishioners, after examination of the demand, which once accepted, the tribunal is constituted by a nomination of:
- The judge
- The defender of the bond
- The auditor
- The notary
The Judge will order to instruct the case to determine if a contracted marriage is null in the eye of the church. The trial starts by taking the depositions of the parties involved, then the depositions of their witnesses. However, a declaration of nullity can only be effective if it has been so declared by two tribunals at different levels of jurisdiction. The Canadian Appeal Tribunal is the Second Instance tribunal; if there is no agreement, the case can go to the Roman Rota for final decision one way or another.
After two positive sentences, the church, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged.
