If someone chooses to initiate a study of his/her marriage bond, in order to know if it is still binding for life, what does the Tribunal "study"? What constitutes a marriage "in the Lord"? In examining this question, it is helpful to look at the ways in which the Church’s understanding of marriage has developed and identify the essential elements of a valid, sacramental marriage.

The concern of the Catholic Church for the sanctity of marriage is based in Hebrew Scripture where the union between man and woman is described in the book of Genesis. Marriage came to be known as a "holy bond" according to natural law. An examination of the New Testament reveals that Jesus used marriage as a metaphor for the reign of God, which he came to bring to fruition. The image of marriage as the best description of the union of God with us, reflects that both realities are mysteries. As a mystery, marriage has the potential to mirror the best and the worst of the human condition, embracing both grace and sin. Consequently, there may be no greater suffering than a broken marital relationship. When a marriage ends in a civil divorce, the question is properly asked as to whether the wedding that was celebrated produced a marriage bond that continues to hold both Parties to a lifetime commitment. Did that wedding bring about a marriage "in the Lord?" Until the Second Vatican Council, the theology of marriage was dominated by its’ institutional, contractual aspect. The legitimate needs and desires of individuals were secondary to marriage as an institution and the propagation of children was the primary end and purpose of marriage. The documents of Vatican II and subsequently the Code of Canon Law promulgated in 1983, identify the good of the spouse and the good of children as being equally important in determining the validity/sacramental nature of marriage.

The Code of 1983 stresses the criteria essential to marriage consent. Interestingly enough, three of these criteria have been part of the teaching of the Church since the time of Augustine. He believed that marriage needed to be permanent, faithful, and entered into for the procreation of children. Today, we still hold those three criteria, along with the "good of the spouse" as constitutive of the sacrament. So today, when the Tribunal studies a marriage that has ended in divorce, it asks: Was there an intention and the ability to make a mature judgment about and live out consent for the whole of life? Was there an intention and ability to make a mature judgment about and live out fidelity, in a monogamous relationship for life? Was there an intention to be open to children and to educate them in the faith? And, of equal importance, was there an intention and ability to make a mature judgment about and live out, the total gift of self for the good of the spouse? These are the criteria that the Tribunal uses to evaluate the evidence presented by the Parties and their witnesses. The gathering of accurate information is necessary since the Church presumes that every marriage is valid, unless there is evidence to the contrary. Every person, without regard to religious affiliation, has a right to ask the Tribunal of the Catholic Church to do a confidential study of a marriage that has ended in divorce, to find out if that marriage continues to bind them for life. If you have questions about this process, contact the Tribunal Office, 507-233-5329.

To help you better understand the issues of validity you may obtain the brochure "When is a Marriage not a Marriage?" from the diocesan Tribunal Office, contact Janelle Drexler, (507) 359-2966.