"Annulment” is an unfortunate word that is sometimes used to refer to a Catholic “declaration of nullity.” Actually, nothing is made null through the process. Rather, a Church tribunal (a Catholic Church Court) declares that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union.
A valid Catholic marriage results from five elements: (1) the spouses are free to marry; (2) they freely exchange their consent; (3) in consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children; (4) they intend the good of each other; and (5) their consent is given in the presence of two witnesses and before a properly authorized Church minister.
There is no such thing as “Catholic divorce” but the bad news is Catholics do civilly divorce. The Marriage Tribunal of the Diocese of St. Petersburg however, and the many Lay and Pastoral Ministers, offer help, and encourage healing through the Sacraments where you will personally encounter Christ-with all His love and tender mercies. And that’s the REALLY good news.
The ending of any marriage is a traumatic experience. The adjustments which follow can either be positive or negative; but always difficult. The road to healing, reconciliation and rebuilding of your life and that of everyone in the family can be slow and painful. If you are willing to begin the journey, St. Peter the Apostle is here to help.
An Annulment is a Catholic Divorce.
The truth is that divorce is a civil law decree from the state, whereas an annulment is a cannon law decree from the Church. In other words: The state issues a marriage license; and the state issues a divorce decree. The Church celebrates the Sacrament of Matrimony; and only the Church can issue a Decree of Nullity (commonly known as an annulment). The Church does not believe in divorce.
A Divorced Person is Automatically Excommunicated from the Catholic Church.
The truth is that divorce itself does not affect or alter a person’s status in the Catholic Church. Divorce is a function of the civil law an secular courts. Although it has been a widespread misconception for many years, it is a myth that a divorced Catholic is “excommunicated,” that is, not able to receive the sacraments within the Church.
If an Annulment is Granted the Children of the Marriage will be Illegitimate.
The truth is that an ecclesiastical annulment is concerned only with the spouses, and not the children. An annulment has no effect at all on the legitimacy of children, or other arrangements regarding children, such as custody or support. These are all concerns of the civil law, and an ecclesiastical annulment has absolutely no effect under civil law.
If Children Were Born in the Marriage, it can’t be Annulled.
The truth is that the Catholic Church considers openness to children to be a natural and essential part of sacramental marriage, but whether any children were actually born or not has no bearing on the possibility of an annulment. If children were born, it is important that both parents live up to their natural and legal obligations to their children.
An Annulment Costs Thousands of Dollars.
It is a myth that the process costs thousands of dollars, and in fact, one’s ability or inability, to make a contribution has absolutely no bearing upon the persons right to receive a just adjudication of their petition. No one is ever turned away because of their inability to pay a fee. The truth is that each diocese determines the fee for processing a Petitioner for a Declaration of Nullity of Marriage (annulment). The majority of the financial base for a Tribunal comes from the general diocesan funds. It is deemed to be fair and right that those persons benefiting directly from this service be asked to make a contribution, toward defraying expenditures. Effective February 1, 2015, no Petitioner, seeking adjunction of their petition for a Declaration of Nullity of Marriage (annulment) will be charged a fee.
Only Catholic Marriages Need to be Annulled.
The truth is that every marriage is considered a promise for life, a promise until death. It makes no difference whether that promise was made in a Catholic ceremony or not. No one, no matter what their religious affiliation or membership, is considered free to contract another marriage if they were married previously. Every prior marriage must be investigated and annulled before a person can enter a new marriage.
An Annulment Means the Marriage Never Took Place.
The truth is a Decree of Nullity (annulment) can’t erase history, and doesn’t try to.