How do I petition for a Decree of Invalidity (an annulment)?
A Decree of Invalidity (what Catholics commonly call an “annulment”) is an official declaration by a Church tribunal that a couple's valid civil marriage was not actually a sacramental marriage as understood by the Catholic Church. A Decree of Invalidity is different from a legal divorce, which in civil law dissolves a valid civil marriage. As a result of a Decree of Invalidity, a person is free to marry in the Catholic Church.
When an individual petitions for a Decree of Invalidity, the diocese’s Marriage Tribunal investigates the couple’s marriage in order to determine if one or both partners were willing and able to enter into a sacramental covenant at the time they were married. The Tribunal does not determine who is to blame for the failure of the marriage, but determines the intention of the partners at the time of the marriage.
To obtain a Decree of Invalidity, an individual must petition the Marriage Tribunal and provide information about the marriage. This process begins when an individual contacts the pastor or a parish staff member who is trained to guide an individual through the petition process. Individuals must be legally divorced before filing a petition for a Decree of Invalidity.
The process of obtaining a Decree of Invalidity may take several months or several years. The process relies on the written testimony of witnesses and the former spouse, if he or she agrees to participate in the Tribunal's investigation. There is a suggested fee for a Decree of Invalidity which covers part of the costs of the Tribunal’s work, but an individual is never denied a Decree of Invalidity if they are unable to pay.
A Decree of Invalidity, like a legal divorce, does not affect the legitimacy of children born to a couple during the civil marriage.
• To petition for a Decree of Invalidity, contact the parish office in the parish where you participate or another local parish.
Related Links:
• More Information About Annulments
• How a Previous Marriage May Affect Your Decision to Become Catholic
• Everything You Ever Wanted to Know About Annulments
• Directory of Catholic Parishes in Waterloo
Last Update: 11.08.17