Tribunal
GENERAL INFORMATION

The Tribunal is the Diocesan Court. It is composed of Judges, Advocates, Defenders of the Bond, Notaries and Clerks. Although it can adjudicate many cases that could arise under Canon Law, primarily it adjudicates cases concerning the validity of marriages.

Marriage According to Church Law
In law, marriage is a covenant by which a man and a woman establish between themselves a partnership of their whole of life, which of its own very nature is ordered to the well-being of the spouses and to the procreation and upbringing of children. For baptized Christians, whether Roman Catholic or not, marriage is a sacrament. (Canon 1055, §1.)

Essential elements of marriage are fidelity and permanence. (Canon 1056.) By permanence is meant that a validly exchanged marital consent binds the spouses to a lifetime commitment.

A marriage is created by the validly exchanged consent between the bride and groom who intend to enter into a marriage. (Canon 1057.) The Church holds, as a matter of law, that ALL marriages—whether Roman Catholic or not—have been validly contracted until the opposite has been proven in a Tribunal process.

The Church and the State
When a marriage takes place in a religious setting, say a Roman Catholic Church, two things are happening simultaneously: a sacrament is being celebrated according to Church law, and a marriage is being contracted under State law. The priest, minister, rabbi or imam, is acting as a representative of the State as well as of their religious denomination.

When, unfortunately, a marriage fails, the spouses must approach a State court and petition for a divorce in order to put an end to the civil life of the marriage. Once that is done, and the civil life of the marriage has been dissolved by action of the State court, one or both spouses may approach the Tribunal to ask it to determine whether or not the marriage was validly contracted according to Church law.

A Declaration of Invalidity
Such a study undertaken by the Tribunal is properly called a Declaration of Invalidity. This has come to be known, misleadingly, as an “annulment.” Knowing the proper term is important. Often a Tribunal is asked “What right does the Church have to annul my marriage?” The Tribunal, in truth, is not annulling anything. It is simply examining the marriage to try to determine if the marriage was validly contracted according to Church law. If, after this legal process, it can prove that the marriage was never validly contracted, it simply declares that fact in a Declaration of Invalidity. If it cannot make that determination, the marriage continues to be presumed valid and the spouses are still considered to be married.

Ironically, it is the State court that reaches into the marriage and actually dissolves the marriage by its own authority. The Tribunal simply studies a marriage.

Non-Catholics and the Tribunal
As noted above, the Church considers ALL marriages to be valid until the opposite is proven. That is to say ALL marriages contracted by ANY MEANS by ANYONE. So, a marriage involving Jewish persons, or Protestants, or Buddhists, or even atheists is presumed to have been validly contracted.
Ordinarily, it is not necessary for the Church to intervene in the marriages of non-Catholics. However, when a Roman Catholic wishes to marry a non-Catholic who was previously married, canon law applies to the Roman Catholic party. Just as the non-Catholic needs a divorce in order to remarry, so too does he or she need a Declaration of Invalidity in order to marry a Roman Catholic.

The Tribunal Process
The Tribunal operates much like the civil court. The Judicial Vicar is appointed by the Bishop to be the Presiding Judge of the Tribunal. There are also Associate Judges, who participate in making decisions; advocates, who function like attorneys for a party; Defenders of the Bond, who promote the validity of marriage; Instructors, who collect documents and statements for each inquiry, and present them for judgment.

Please keep in mind that this process is conducted purely for religious purposes in order to determine the validity of the marriage according to the teaching and law of the Roman Catholic Church and for no other purpose.

• Initial Steps (The Petitioner)
A Tribunal inquiry starts after a divorce has been granted when one of the spouses (the petitioner) approaches a priest, deacon, or pastoral minister in a local parish, who will work with them to complete a Request for Tribunal Study. The Request includes basic questions about the background of the spouses, and about their marriage. The petitioner is also asked to furnish the current address of the former spouse, a copy of the marriage record, and a copy of the divorce decree. This material is then sent by the parish to the Tribunal office.

• Competence (Jurisdiction)
When the Tribunal receives the Request, the Tribunal must first assure itself that it has jurisdiction to handle the case. In general, a Tribunal is competent if it is the Diocese where the marriage took place, or the Diocese where the respondent lives, or the diocese where the petitioner lives, or the diocese where the most evidence can be gathered. If the Tribunal finds that it does not have the competence to handle your case it will assist you in contacting the correct Tribunal.

• An Interview
Once assured that we have jurisdiction over the case, a staff member will contact the petitioner by letter to arrange an interview. This interview deals in greater detail with the family background of both spouses, and the history of their courtship and marriage. After the interview, the transcript is studied by the petitioner’s advocate to ascertain any possible grounds for the case. The petitioner may be contacted again to provide further information.

• Witnesses
To ensure that the Tribunal’s decision is based on reliable and impartial evidence, the statements of the spouses should be backed up by the testimony of knowledgeable and credible witnesses. Each witness need not know the entire story of the courtship and marriage, but may have information about a specific aspect of the inquiry. Obviously, there will be intimate matters about the marriage that only the spouses themselves would know. The Tribunal puts the evidence together like the pieces of a puzzle to form the complete picture.

Possible witnesses may include family members, close friends, persons in whom a spouse may have confided, and even counselors or other mental health professionals. It is helpful to name witnesses who knew a spouse while growing up, and/or people who were involved in the wedding, and/or friends of the married couple. When the petitioner comes in for an interview the Tribunal staff interviewer can help guide the selection of witnesses.

• The Other Party (The Respondent)
Fairness demands, and church law requires, that the Tribunal contact the other party, called the respondent, to inform him or her, that the process has begun and ask him or her to provide testimony and even name witnesses if desired. This is why the client is asked to furnish the current address of the former spouse, or at least, the name and address of a family member or friend through whom the other spouse might be reached.

The respondent has certain rights in law. Because the Tribunal process concerns the marriage the respondent shared with the petitioner, any decision the Tribunal makes affects the respondent as well. The Tribunal benefits from hearing from both spouses.
The respondent can participate in the process but cannot stop or interfere with the process. If the respondent ignores the Tribunal’s letter of notification, the process will continue. Very occasionally a respondent’s whereabouts is truly unknown. After documenting steps taken to find and contact him or her, the process can continue. Once begun, the Tribunal process continues to a conclusion, unless the petitioner withdraws the case.

It can sometimes happen that there are strong feelings remaining between the spouses. The Tribunal staff is well prepared to communicate with each party with compassion as well as with professionalism. It is not necessary that the parties meet together or exchange any information between themselves. If both parties give testimony then each can choose to review the other’s transcribed testimony and comment on it. This is done in the Tribunal chambers in the presence of a staff member and without the other party present. Witness testimony is kept confidential even from the parties to the case in order to allow them the freedom to give their views honestly and without the fear of damaging their relationship with the party.

• The case is Presented for Judgment
After all the relevant documents and testimony have been received, they are carefully studied to determine whether or not there are acceptable grounds to prove that the marriage lacked the qualities of a valid covenant, and that sufficient evidence has been presented to support those grounds.

A Defender of the Bond, whose task is to argue for the validity of the marriage will then review the documents and point out all the evidence that supports the validity of the marriage. Advocates similarly study the file to present arguments on behalf of their client, either the petitioner or the respondent. Finally, the entire file will be presented to the Judge, or to a panel of three Judges, along with summaries of the law and the facts favoring and opposing the validity of the marriage. The Judge will carefully ponder the facts and arguments presented and the pertinent church law, and will render a decision based on the strength of the evidence: whether, in this specific case, a declaration of nullity should or should not be issued.

If the Tribunal finds that, in its judgment, the marriage was invalid, called an affirmative decision, Church law requires an automatic appeal process to the Diocesan Tribunal of Portland, Maine, which is assigned as the Appeals Tribunal for all cases decided by the Tribunal of the Diocese of Springfield. The Appeals Court can confirm the decision, send the case back for further inquiry, or hold a new hearing. Should the Tribunal find that it cannot prove the invalidity of the marriage, called a negative decision, there is no automatic appeal. However, either spouse may request an appeal be lodged with the Appeals Court.

• The Declaration of Invalidity is Issued
Once the Appeals Court confirms an affirmative decision, this Tribunal will issue a Declaration of Invalidity to both parties.

• A Prohibition or Caution on a Future Marriage
Once a Declaration of Invalidity has been issued, and the parties have been notified, they are free to begin preparation for a new marriage in the Church, so long as no restriction has been placed on their right to remarry. The Church is very concerned that any future marriage be as happy and as healthy as possible. So, if the Tribunal finds that the problems that brought about the breakdown of the earlier marriage are still ongoing, it may restrict one or both parties from marrying again in the Church until evidence is presented that these problems have been remedied. This is another reason why the Tribunal highly recommends that the preparations for a new marriage not begin until all Tribunal procedures have been completed.

The Effect of a Declaration of Invalidity
The only juridical effect of a Declaration of Invalidity is that the parties to that marriage are free to enter a new marriage in the Church. For a divorced and civilly remarried Catholic, a Declaration of Invalidity will allow them to resume a full sacramental life in the Church. For a non-Catholic, a Declaration of Invalidity will enable a present or intended Catholic spouse to have the marriage recognized by the Church.

A Declaration of Invalidity does not affect the children born of a marriage that is declared invalid. Children who are born legitimate remain legitimate. There is no effect on property or inheritance rights, which are matters of state law, not church law.

All Material is kept strictly Confidential
Because of the delicate and personal nature of the information in the statements of the spouses and witnesses, the Tribunal maintains strict standards of confidentiality in its inquiries. Witnesses are allowed the privilege of shielding their testimony from both parties, so that they can make complete and objective statements. If both spouses have made statements, each will have an opportunity to review the other’s deposition before the inquiry is concluded. Both will be asked to sign a confidentiality agreement before reading the material. To further preserve confidentiality, the Tribunal staff does not give information about specific cases over the phone, and files do not leave the Tribunal offices.

The Length of the Process
Church law recommends that an inquiry before the Diocesan Tribunal be completed within a year. Some cases might take less than a year, some will take longer. It is impossible to predict that an inquiry will be completed in a given time, and it is unethical to suggest that a decision will be favorable. The Tribunal strives to operate within these recommendations and to complete every inquiry as quickly as the need for justice and prudence allows.

For these reasons persons who anticipate a future marriage should not make any arrangements with a Church until the process is complete and a Declaration of Invalidity has been issued. The Tribunal will not be bound by an imposed deadline, nor will it hasten a case, or take a case out of order because of an unwisely scheduled wedding date.

The Fee for a Tribunal Process
In deference to the people of the Diocese who underwrite the operation of the Tribunal through the Annual Catholic Appeal, it is only fair that those who use the services should help bear the costs. The petitioner, as the one who initiated the process, is responsible for the fee. The current fee for a formal inquiry is $300, payable in two installments: a non-refundable filing fee of $100, due when the request is accepted, and a balance of $200, due when the study is completed and a Declaration of Invalidity has been issued. If the Tribunal cannot prove the marriage is invalid, it does not require that the remaining $200 be paid.

No one should hesitate to file a Request for Tribunal Study because of financial difficulty. Petitioners unable to pay all or part of the fee should not hesitate to complete a Request for Tribunal Study. The Tribunal will be glad to arrange deferred payment plans, or to waive the fee altogether in cases of genuine need. The progress of a study and the outcome of an inquiry will not be affected by a client’s ability or inability to pay the fee.

The Road Ahead
Recalling past hurts, while painful, can be cathartic. Sometimes the only way to proceed is to study the past to see what can be learned from it.
While the prospect of a Declaration of Invalidity can seem daunting at the beginning, the members of the Tribunal staff are very experienced and willing to help the parties and the witnesses through the process. We consider Tribunal work—while technically legal—essentially pastoral. The Tribunal exists to help people participate more fully in the sacramental life of the Church. Within the limits of Church law, the Tribunal will do all it can to assist the parties. Whether a Declaration of Invalidity can ultimately be issued in a particular case or not, the Tribunal diligently strives to make this aspect of the Church’s ministry one of healing and growth.

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