When a wedding does not result in a marriage

by Sr. Kathleen Bierne

The Catholic church has a collection of laws which govern the entire church, from Japan to the United States, from Indonesia to New Zealand. This collection is called the Code of Canon Law and the tribunal system is part of that structure. This "tribunal" or court system has its foundation in Roman law because in the prevailing culture of early Christianity that model of civil law was adopted by the church. Today, many of the words from Roman law can still be found in the procedures which govern the granting of a declaration of invalidity of a marriage.

The use of legal words makes communication difficult regarding the procedures connected with the invalidity of a marriage. In addition, the Tribunal must balance the theology of marriage, the church legal system, and pastoral care for those whose lives have been affected by divorce. The positive aspect of all of this is that the process has worked for many years and used correctly, with respect for the various aspects of it, can bring peace of conscience and in most cases, freedom to enter into another marriage. Sometimes the study does not produce sufficient evidence that one of the essential elements was missing from the beginning, and the Tribunal is not able to declare the marriage non-sacramental or invalid. If it looks as if there is not sufficient evidence for invalidity, the Tribunal informs the Parties and seeks their counsel before proceeding.

In this diocese there are always three people, and often four, with expertise in matrimonial law, who assist with the final decision. Every decision regarding invalidity is made in an atmosphere of prayer, respect and serious reflection on both marriage as a sacrament and on the evidence presented about a specific marriage.

In the Diocese of New Ulm, most marriage studies begin in the local parish. However, sometimes a person who petitions contacts the Tribunal directly. It is necessary for the Petitioner to have a baptismal record, marriage and divorce decrees, and the current or last known address of the former spouse, who is called the Respondent. The procedures require witnesses, usually four to six, who knew one or the other of the Parties prior to the wedding and/or in the early years of the marriage. The Tribunal is responsible for contacting the Respondent and witnesses, but asks that the Petitioner notify the witnesses ahead of time. The Petitioner is asked to submit a summary statement of the relationship, including the upbringing of both Parties, courtship, wedding, marriage, and divorce. Members of the Tribunal or appointed auditors conduct interviews and assist in writing summaries of the information gathered. The Tribunal meets once a month and usually reviews five cases each month. Ordinarily the cases are processed in the order received. Both Parties are kept informed throughout the process, which usually takes about a year from acceptance to decision. The Respondent is not required to participate, but is invited and encouraged to do so. Once a decision is reached here, the case is sent to St. Paul, where three other judges check the work of this Tribunal. Once the definitive decision is given by them, the Parties are notified. If the decision is affirmative, then both Parties are free to contract another marriage, unless there are counseling, sobriety, or other restrictions attached to the decree. Because the church desires healing for both Parties, counseling is usually required before any attempt to marry in the Catholic church.

While those who administer the Tribunal procedures realize that the process can be cumbersome and difficult for those who struggle to understand and find their way through it, they also see it as a gift to be utilized. Any of the priests or lay people who work with the process as staff or as volunteers will be happy to assist anyone who desires information or assistance.

For further information, contact theTribunal Office, 1400 6th St. North, New Ulm, MN. 56073-2099, 507-233-5329 or 233-5319.

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) 233-5319.