About Annulments

Annulments can be hard to understand, whether you're a cradle Catholic or new to Catholicism. Here's a primer on annulment basics that can help you understand what annulments are and why they matter. Learning about the process can help you navigate the different steps, set your expectations, and know how to pray.

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What is a Catholic Annulment?

The Church defines marriage as a lifetime covenant between a married couple and God. More than a contract, this covenant is a sacrament that can not be severed through a civil, legal divorce. However, after a married couple has separated and divorced, it’s possible for the Church to consider if the covenant of marriage was never entered into correctly or validly. These are several specific requirements for a marriage covenant to be considered valid in the Catholic Church.

If any of these requirements was not met when the covenant vows were said at the couple’s wedding, the marriage is not considered to be valid. The Church investigates this through the annulment process. If it finds that the marriage requirements were not met, it issues a declaration of nullity, also known as an annulment.

The requirements for a marriage covenant to be valid include:
• The spouses are free to marry,
• The individuals are capable of giving their consent to marry,
• The individuals freely give that consent to marry (through their marriage vows),
• The individuals have the intention to marry for life, to be faithful to each other, and to be open to having children,
• The spouses intend to be good to each other,
• They give their consent freely in the presence of two witnesses and an authorized Church minister.

If an annulment is granted, both individuals will be free to remarry in the Church in the future.

Why Annulments Matter

If you are Catholic and divorced, you will likely need to go through the annulment process and be granted an annulment in order to get remarried and be in good standing with the Church (partake in Communion). Additionally, if you are divorced and want to marry someone who is Catholic you will likely need to obtain an annulment to get remarried in the Church. Some individuals report that going through the annulment process and being granted an annulment is healing.

It confirms that a marriage that they entered into was never covenantal in nature because one or more of the required elements of the marriage covenant were absent. Others have a painful, challenging experience going through the annulment process because it requires rehashing painful memories, involving witnesses (likely family members and friends), and can take a considerable amount of time (generally at least a year and sometimes over two years).

Some individuals who begin the annulment process decide to leave before a judgment is provided by the Tribunal because of their frustration with the way it is handled and the time it takes. Others decide to continue with the process in spite of their frustrations. Data on the percentage of annulment participants who drop out of the process are not made publicly available by the Church.

Annulment vs. Divorce

It’s easy to view an annulment as a Catholic divorce, but this isn’t technically accurate. Divorce is a civil law process that is secular (not affiliated with the Church) and related to the legal status of a marriage. Think of this as a contract between one person and another. An annulment takes place after divorce and the breaking of the legal marriage contract. In most cases for baptized Christians, the Catholic Church considers two individuals to still be married in the eyes of Church law (also called Canon law) after a divorce. This can feel confusing!

Even if you and your former spouse are civilly divorced and no longer living together, Church law views you as still being married and simply living apart from each other until an annulment is granted. Importantly, this means that you both can still receive Holy Communion. However, you are not allowed to be remarried in the Church without a Catholic annulment. The previous marriage is still viewed as existing until an annulment is issued or the marriage is ended in another way (such as death of the spouse).

The Church views marriage as a sacramental contract, which is lifelong and means much more than a civil contract. An annulment is a declaration that the covenant of marriage was invalid because it did not meet the criteria established by the Church. Even though getting an annulment is different than getting a divorce, the processes can feel similar.

Unfortunately, for many domestic violence survivors this can bring up past trauma that had already healed and been resolved following the divorce. They have to answer invasive questions, provide witnesses, and frequently offer evidence to prove that the marriage was not entered into validly. This is then reviewed by a judicial panel called a Tribunal. Many aspects of the process are opaque and hard to navigate. One of the best things you can do prior to entering the annulment process and throughout the experience is to read and become informed on what to expect. Pray for guidance and comfort. Seek support from others. Do not navigate through this oftentimes lengthy and challenging process on your own.

Why Care About Annulments

There are two primary reasons why someone may seek an annulment:

1.Getting married in the Catholic Church. This is the most common reason for getting an annulment. In these cases, anyone who is divorced — whether they are Catholic, Protestant, Jewish, Muslim, agnostic, etc. — will need to receive an annulment before they can marry someone in the Church. It’s important to note that the Catholic annulment process is available to anyone who is divorced. You do not have to be Catholic.

2. Personal closure and spiritual healing. Getting an annulment, even if you don’t currently have any plans to get remarried, can provide a sense of closure to a painful life chapter. Divorce, even if you were the one who desired the end of the relationship, is emotionally challenging. Some individuals find that reviewing their marriage and the circumstances that led to getting married as well as the breakdown to be useful for finding closure and moving on. In addition, for devout Christians and especially Catholics, getting an annulment can be a pathway to spiritual healing from a painful relationship.

Annulments aren’t limited only to individuals who are engaged and want to get remarried in the Church. Divorced individuals who hope to get remarried one day in the future, even though they may be far from that point from a relationship standpoint, can also seek an annulment. If you are divorced and would like to have the option to marry in the Church eventually, it can be smart to start the annulment process before you are ready to get remarried. The process can be lengthy in duration and emotionally taxing. Getting an annulment before you’re in a serious relationship heading toward marriage can help avoid potential hardships when discussing remarriage with a prospective spouse.

Canon Law

Canon Law is the law of the Catholic Church. It is used to guide the annulment process and decide if a marriage is valid in the Church or not. The origins of canon law can be found in the early Christian community, in Scripture, in the writings of the Church Fathers, and in the developing practices and customs of the Church as it expanded across the borders of the Roman Empire.

Theology and canon law are considered to be separate but complementary disciplines. The Church’s law has its foundations in the Church’s beliefs (theology). The Church’s current Code of Canon Law was put forth by Pope John Paul II in 1983 following the Second Vatican Council. These are the guidelines that bring structure to the annulment process and guide the Tribunal members (judges) when assessing if the Church can issue a declaration of nullity.

Annulment Grounds

Grounds for annulment are the reasons in canon law why a Tribunal (Catholic church court) can determine that a marriage is declared null or invalid. These grounds are present at the time of the wedding. Because of this, the Tribunal’s focus in the annulment process is investigating the circumstances leading up to the wedding, the wedding day, and shortly after the wedding.

Domestic violence is not in and of itself considered to be a ground for annulment. However, abusers do not develop overnight. The personality disorders, mental health issues, and sinful nature of spousal abusers are usually present long before the wedding day. These serious issues can impact one’s ability to make a valid covenant when stating wedding vows and can lead to grounds for an annulment.

The grounds for annulment are complex and have specific requirements in canon law. Here is a helpful resource as a reference. When applying for an annulment you will likely be given an advisor through your local parish church. This advisor will ask you about the reasons why your marriage ended, your courtship with your former spouse, and any contributing factors that might have caused the marriage to not be considered a valid covenant. Based on the answers you provide your advisor will likely recommend that you file for your annulment under a specific ground. The tribunal will be looking for a single ground under which your annulment could be granted, although some marriages could qualify for more than one. Only one ground is necessary to be granted an annulment.

When applying for an annulment it’s important to share personal, private, and potentially unfavorable information about your dating history and marriage so that there can be enough evidence to prove an annulment ground. For individuals who have experienced spousal abuse this can be very painful and cause retraumatization. Be intentional and careful about what you choose to disclose in the annulment process.

If you are intent on obtaining an annulment, it will be important to provide enough information so that the Tribunal can confidently say that your marriage was invalid. However, it’s also critical to protect your mental health and physical safety. Raise all concerns you have with your annulment advisor, priest, and the Tribunal. Also stay in regular contact with close family members and friends throughout the process so that they can provide support and guidance as needed. Working with a counselor to manage the hard emotions that are likely to be unearthed and retriggered through the annulment process is also wise.