One of the common reasons someone will go through the annulment process is because they have found someone and wish to remarry. But just as often we hear couples questioning whether they really need an annulment in order to remarry. According to Catholic marriage rules, yes, you need an annulment before you can get remarried. Here’s what you need to know:

Ending Marriages According to Catholic Marriage Rules

According to the letter of the law, it is not actually possible to end a marriage unless one spouse passes away. The Church teaches that marriage is for life, and that’s not an empty saying. According to Catholic beliefs, marriage is more than a set of vows said before God, family, and friends — it’s actually a covenant formed between both spouses and God. Catholic marriage rules tell us that a marriage cannot be ended because God does not break His covenantal agreements, and thus we cannot break that covenantal union either.

So What Does an Annulment Do?

The nature of a covenantal union is the reason we believe that a marriage cannot simply be ended by something like civil divorce. In fact, the Church will continue to view you and your spouse as married, even with a civil divorce decree. And that’s because Catholic marriage rules are separate from secular laws set by your state/nation. Yet, despite that, you probably know of someone who has divorced and remarried in the Church. So how does that work?

There is a pervasive myth surrounding the Catholic annulment process that it can take years to go through all of the steps and finally receive a decision. This perception can be incredibly daunting! It’s enough to scare many away from going through the annulment process, or to put off doing so for years. In reality, there’s no need to worry so much about a long, drawn-out experience. Here’s how the Catholic annulment process works, and how long you can reasonably expect the process to take:

The Catholic Annulment Process

In the civil divorce process, there is usually a fairly distinct timeline. That timeline will depend on things like how long you and your spouse have been married, how much agreement there is in regard to dividing your assets, and what divorce requirements are in your state. The Catholic annulment process isn’t like that. Basically, by dint of how the annulment process works, there is no set timeline, so getting an annulment can go quickly or slowly depending on how you prepare.

The Catholic annulment process is pretty straightforward, despite the lack of a distinct timeline. The underlying reason for this is because the annulment process doesn’t simply bring an end to a union the way a civil divorce does. Instead, a Catholic annulment is actually an investigation into the relationship — specifically, the state of the relationship at the moment marriage vows were said. According to Church teachings, marriage is a covenantal agreement made between both spouses and God. The covenantal nature means that a marriage cannot be ended by anything. However, there are a set of necessary elements to put that covenant in place, and if one of those elements was missing when the marriage vows were said, there was not a covenantal union. The Catholic annulment process is, essentially, an investigation into a couple’s relationship at the time vows were said, as a way to see if all of those necessary elements were present or not.

The Catholic Church teaches that marriage is for life. In fact, we believe that marriage is a covenantal union between a couple and God that cannot be ended by anyone — not even by God because we know that He does not go back on his covenantal agreements. So, when a relationship is so strained that you start looking into divorce and annulment, that understanding of Catholic marriage rules can be very weighty. One question we hear with regularity is whether an annulment can be contested. The answer to this is not as straightforward as it is with civil divorce proceedings. Here’s why:

Understanding Annulment and Catholic Marriage Rules

In order to understand why you may not necessarily be able to contest an annulment, you first need to understand how an annulment works. The basics are these: according to Catholic marriage rules, a covenantal marriage cannot be ended by anything. And yet, an annulment decree essentially brings about an end to a marriage in a way that is recognized by the Church’s teachings. What happens during the annulment process is not a straightforward legal process of dividing assets, the way a civil divorce is. Instead, it’s an investigation to see whether all of the necessary elements for a covenantal marriage were present when vows were said. If the annulment investigation finds that even one of those necessary elements was missing, the union is not a covenantal one, and without that covenantal agreement, the marriage is nullified. Basically, without all of the necessary elements present, the Church views that marriage as never having existed.

If you’ve been following our blog, you know that the annulment isn’t just the “Catholic divorce” process. So, with that clarification in mind, the next question on many minds is, “Do I need an annulment and a divorce?” Generally speaking, the answer is going to be yes. If you are seeking or have already received a divorce through civil courts, that is just one part of the process. According to Church teachings, a marriage is an indissoluble union that cannot be ended by something like a secular court system.

In fact, the Church teaches that marriages cannot be ended by anything or anyone. However, there are specific elements that must be present when the vows were said. If even one of those elements was missing, then it was not a sacramental marriage and can, therefore, be declared null. The annulment process is simply the process of talking to both spouses, as well as family and friends, to explore the relationship and see if there is evidence which suggests that one of the necessary elements for a sacramental marriage was missing.

Going through a civil divorce can be an overwhelming, emotional process. Why, then, would someone want to go through it all over again for a Catholic annulment? The good news is that, while an annulment can be an emotional process, it is also an incredibly healing one in a way that civil divorce proceedings are not. Here’s how the annulment process works, how Catholic marriage rules affect the process, and what you need to know about getting started.

What is a Catholic Annulment?

The Catholic annulment process is often compared to civil divorce because it is, very broadly, a way of ending a marriage. However, we say that with strong caveats because, according to Catholic marriage rules, all marriages are indissoluble unions — and that includes many marriages that take place outside of the Catholic Church, too. So how does the annulment process end a marriage if Catholic marriage rules say that marriage cannot be ended?

Technically, an annulment doesn’t end a marriage. Instead, a Catholic annulment investigation is a process of delving into a relationship to look for specific information. According to Church teachings, each marriage is a covenantal union, with that covenant being formed between God and the couple. This is why Catholic marriage rules say that a marriage cannot be ended for any reason. We cannot break a covenant with God! However, there are certain elements that must be present at the time marriage vows were spoken, and if even one of those required elements was missing, the union is not a covenantal one — which means the marriage wasn’t a true marriage from the beginning, according to Catholic marriage rules. This is how the annulment process “ends” a marriage; it looks for whether there was a sacramental marriage to begin with.

One of the concerns we hear time and again is that people fear the annulment process will take years before a decision is reached. Don’t let that hearsay hold you back from going through the annulment process — for many reasons, not the least of which is that it’s simply not true! The Catholic annulment process doesn’t have a set timeline, but it’s really not as long as most people think. Here’s what you need to know:

Getting a Catholic Annulment

Unlike the civil divorce process, there isn’t a set amount of time you have to wait between beginning annulment proceedings and getting an answer. The Catholic annulment process is an investigation rather than strictly defined legal proceedings, so the time it takes will vary from one annulment investigation to the next. The process can take anywhere from a few weeks to a few months, on average. The length of the annulment investigation process will primarily depend on how much information you can provide up front.

The Catholic annulment process is, as we said, an investigation. The group of Church judges that form your tribunal will be looking to see whether all of the necessary elements of a sacramental marriage were present at the moment vows were said. To do this, you will need to provide a thorough account of your relationship and marriage — don’t worry, there is guidance for the details you’ll want to provide. In addition, you will also be asked to provide witness testimony from family and friends who bore witness to your relationship and marriage. If you can provide witnesses who know both you and your spouse, those will be the most helpful accounts, but testimony from people who are primarily familiar with just one of you will also be helpful.

According to civil law, you are free to remarry as soon as a divorce decree is finalized. However, according to Catholic marriage rules, you are not yet free to remarry even after a divorce is granted. The reason for this stems directly from how the Church views marriage. Here’s what you need to know:

Understanding Catholic Marriage Rules

When a couple marries, the Catholic Church believes that they have entered into a covenantal union not just between themselves, but also with God. Because it is a sacramental, permanent spiritual bond formed by God, the Church teaches that marriage is for life, and cannot be ended by any means. A divorce is the process of dissolving, or ending, a marriage according to secular law. So, basically, even if you are granted a divorce by the civil courts, the Church does not recognize that because, according to Catholic marriage rules, the end of the union isn’t possible.

This is why you may have heard people say that remarrying after a divorce is adulterous or sinful. According to our faith, remarrying after a divorce can be compared to polygamy because you are technically still married to your first spouse. This is also the reason that the Church does not perform marriages for divorcees — at least, not until an annulment is also granted.

The Catholic annulment process has the reputation of being considered “Catholic divorce.” While that comparison isn’t accurate, the idea of annulment as Catholic divorce stems from the fact that many couples choose to go through an annulment investigation while also going through the civil divorce process. But annulments are not meant to take the place of a civil divorce, and neither are you required to get an annulment if you have gotten a divorce. So when do you need an annulment?

Why Get a Catholic Annulment?

The first misconception to correct is that you need an annulment. You don’t; an annulment isn’t required — though, there are several circumstances in which you would want one, so it can feel like a necessary step. But here’s the thing: the annulment process isn’t there to end a union, it’s meant for the salvation of souls; it’s less about your union with another person, and more about your relationship with God. Which means that the Catholic annulment process is there for a number of different situations. Some reasons a person will seek an annulment include:

Sometimes, marriages fail, even when they start off with a solid footing and the best intentions. It's difficult when this happens, and it can feel even more overwhelming for Catholics, who believe that marriage is an indissoluble bond. When a marital relationship cannot be saved, civil law offers the option of divorce. If you know the Church's teachings, however, you know that divorce only pertains to civil (secular) law. Even with a divorce, a couple will still be seen as married in the eyes of the Church. For Catholic individuals who want to remarry in the Church, or who want that relationship nullified in the eyes of the Church for any other reason, the answer is to seek a nullity of marriage decree, commonly called an annulment. But how does that process work and who can grant an annulment?

The Annulment Process

The Church teaches that marriage is a sacramental union, which is why it is not something we can just end. However, there are certain elements that are necessary for a sacramental marriage. The necessary elements of a sacramental marriage include: both individuals must freely consent, the must intend to marry for life, they must intend to be faithful to each other and be open to the idea of children, they must intend to be good to each other, and they must make these vows before witnesses and a Church-appointed official. If any of those elements were not present when the vows were said, the marriage is considered to not be a sacramental marriage, and this not valid in the eyes of the Church.

Catholic annulment is distinctly different from a civil divorce, and the key reason for this stems from Catholic marriage rules and beliefs. According to the Church’s teachings, marriage is an unbreakable union; we even say as much in the wedding vows. During a Catholic wedding ceremony, both bride and groom make their vows to last "all the days of my life" or "until death do us part." A Catholic marriage is a covenant entered into with God, not just between a couple, so it is unbreakable because it is a union bound together through God.

But what about annulments? The perception is that an annulment is a "Catholic divorce" because the marriage can be "ended" at the end of the process. However, an annulment isn't the process of ending a marriage, it's the process of determining whether a marriage is valid in the eyes of the Church. So, in essence, the union will be considered to be "dissolved" at the end of the annulment process, but the official understanding is that an annulled marriage is a union that was never a true marriage to begin with. In looking at the distinction between a civil divorce and an annulment, looking at Catholic marriage rules is a good way to understand the difference.

Sometimes, relationships don’t turn out the way they should. It’s an unfortunate fact of life, but sometimes, no matter how hard we try, a relationship cannot be mended. There is an ongoing myth that the Catholic marriage rules demand that married couples stay together, even to the point of the couple’s detriment — but this isn’t the case! There is also a widespread misunderstanding that annulment is just a “Catholic divorce,” but that’s also untrue. For those who are battling with the end of a relationship, here is what you should understand about annulment vs. divorce.

What Is An Annulment?

The question of getting a divorce or an annulment is actually not the right question to ask because these processes do distinctly different things. A divorce provides a legal end to a marriage, including the legal division of money, assets, child custody, and so on. This all takes place strictly in civil courts and is an entirely secular process. However, the Catholic Church teaches that marriage is for life, and that a true, sacramental marriage cannot be ended. This is why a couple can divorce in civil courts and still be considered married in the eyes of the Church.

A Catholic annulment is often referred to as “Catholic divorce,” but that term is just plain wrong! There are some strong differences between the annulment process and civil divorce. Among those differences are some big discrepancies about who can initiate an annulment, when, and how. If you are considering going through the annulment process, here is what you need to know about who can file for Catholic annulment, and more:

Divorce vs Catholic Annulment

Before we dive into the whos, hows, and whens, we first need to talk about a very important distinction. As we already mentioned, the annulment proceedings are not just “Catholic divorce.” The Church teaches that it is not possible to end a true, sacramental marriage. With this in mind, you may be able to understand why the Church does not recognize divorce. However, the Church does acknowledge that life doesn’t always work out the way we might think, and that some marriages do fail. In those instances, it doesn’t always make sense for a couple to try to “tough it out” and remain together. The alternatives are to separate but live celibate lives — because the Church still views the marriage as valid — or go through an annulment investigation to see if there were any elements missing at the time vows were said, which would show that the marriage was not a true, sacramental marriage. This is what an annulment does; it doesn’t end a marriage, it looks at the vows and verifies whether all of the elements of a sacramental marriage were there or not. If not, the marriage is considered not valid and the couple is not married in the eyes of the Church.

The annulment process can seem daunting, particularly when you don’t know what to expect. This is why Catholic Annulment - Another Chance is here to help. Going through an annulment can be a very emotional time, in part because you may not know how to prepare or what may come. The process is unlike civil divorce proceedings because an annulment does not end a marriage, it actually looks at the moment the vows were said to see if all of the elements for a true sacramental marriage were evident. Likewise, there isn’t a single judge that presides over the case, the way there is during a civil divorce. If you are preparing to go through the Catholic annulment process yourself, here is what you need to know about how the annulment process works, and how it differs from the civil divorce process:

Filing for Annulment - Getting Started

In a civil divorce, one person can initiate proceedings, or the couple can submit the legal request together. This starts a legal progression that provides a certain level of guidance for what to do next. That’s not exactly how the annulment process goes. In the eyes of the Catholic Church, all marriages are considered valid until they are proven otherwise, so the first step is to prepare a strong packet of information that provides enough reasonable doubt that one of the elements needed for a true sacramental marriage was not present when the vows were said. Sure, that may sound complicated, but what this is really asking for is a letter explaining why you are seeking an annulment, as well as an explanation of the circumstances of your relationship. In this initial packet of information, you should be as thorough as possible, and even include explanations from close family and friends who can speak to both sides of the relationship. Basically, the more information you can provide about the marriage and your relationship with your spouse, the better.

Here at Catholic Annulment - Another Chance, we focus on helping individuals who are interested in the annulment process after the end of a marriage — it’s not often that we get to talk about the other side of the coin! But understanding Catholic marriage rules is an integral part of understanding how the annulment process works. A lot of the elements of marriage come into play when talking about annulment. This is primarily true of marriages that take place in the Church, but really, any type of marriage ceremony will play a big role in the annulment process. So, with that in mind, we are digging into Catholic marriage rules, plus other types of marriage ceremonies, and exploring how that will come into play during an annulment investigation.

Understanding Marriage in Terms of Annulment

Marriage, according to the Catholic Church, is more than just a legal union, it is one of the seven sacraments that a person can participate in to grow closer to the grace of God. Marriage is also viewed as an unbreakable vow, a covenant between yourself and your spouse before God. This is the reason that there are so many pre-ceremony steps to go through before a couple can get married in the Church. Your priest (and, by extension, your whole faith community) wants to give you plenty of opportunity to learn about married life and discuss it with your partner before the vows are made because the vows are what initiate and seal that unbreakable covenant between you and your spouse.

As we started delving into last time, the annulment process is often misunderstood. It’s not “Catholic divorce,” and it’s not the years-long process that rumor says it is! The annulment process is an investigation into a marriage to determine whether the relationship is a valid, sacramental marriage or not. In our previous post, we looked at annulment versus divorce, and dug into why someone might seek an annulment. Now, let’s dig into what the annulment process looks like, what you could reasonably anticipate the role being for your life, and how to seek out help to guide you through the annulment process.

The Catholic Annulment Process

We’ve touched on this briefly in our previous post, but the annulment process isn’t like a civil divorce, which is presided over and decided upon by a judge, in court. The annulment process is more of an investigation because there are not always clear signals that point to a marriage’s nullity. In order to ascertain whether the marriage is, in fact, valid in the eyes of the Church, the marriage needs to contain all of a list of elements. If any one of those elements was not present, the marriage would be considered null. So, the annulment process actually investigates the relationship in order to determine whether all of the necessary elements were present when the vows were said.

There are a lot of different ideas out there surrounding the Catholic annulment — many of them far-fetched or totally wrong. For starters, an annulment is not just “Catholic divorce,” it is a separate process with separate aims. If you are interested in learning more about the annulment process, whether for yourself or for a loved one, start here for a primer on what a Catholic annulment is. For anyone looking for additional guidance, the Catholic Annulment - Another Chance team is here to help. We are a group of experienced Church judges who understand the process inside and out. Connect with us for answers to your questions and compassionate, individualized guidance through the annulment process.

What is a Catholic Annulment?

First things first, let’s discuss what, exactly, an annulment is. The technical term is actually a “declaration of nullity” or a “decree of nullity.” This is the process in which a marriage is looked into by a Church tribunal — which is a much less daunting group than it sounds — in order to verify whether all of the necessary elements for the marriage contract were present at the time vows were spoken. In the Catholic Church, marriage is viewed as a binding, unbreakable covenant. However, if one of the elements for that covenantal agreement wasn’t present when a couple said their vows, the covenant is considered to not exist at all (in other words, null). So, a Catholic annulment doesn’t dissolve a marriage, it essentially says that there was no true marriage contract to begin with.

A civil divorce is concerned with the division of assets and liabilities; and if there are minor children, the fulfillment of parental obligations. It is devoid of emotional healing.

However, the annulment process is centered on the emotional aspects of your marriage. It helps you realize why the previous marriage ended. So you become aware of how you need to change, or the type of partner you need to avoid.

Hopefully, it enables a person to define realistic expectations for a future marriage.

GETTING ANNULMENT HELP

You don’t need to go it alone if you’re preparing to request an annulment investigation. Connect with the experienced team here at Catholic Annulment – Another Chance, and for help throughout the process. Connect with us today to learn more.

There is a pervasive myth about the Catholic annulment process, which is that an annulment can take several months, or even years from starting the process until a decision is made. While the time limit is often exaggerated, it’s true that the Catholic annulment process can feel prohibitively lengthy to some. Fortunately, Pope Francis has made some changes to the annulment process which are intended to make it more accessible to anyone who is interested in going through the Catholic marital investigation.

A Brief Note on Annulments

For anyone who is entirely new to the Catholic annulment process, it’s important to understand that annulment is not just “Catholic divorce.” An annulment is the process of investigating whether a marriage was complete at the time the vows were spoken, and thus a sacramental marriage or not. The process is considered an investigation into the marriage, rather than a court case or something of the like. During the annulment process, the Church tribunal will go over your own account of the relationship, along with accounts from witnesses who have been close to you and your ex-spouse through the relationship.

Choosing to separate from your spouse is a difficult decision, and one not made lightly. After all, there is more impact beyond yourself and your spouse. Both Catholic annulment and civil divorce have ripple effects that impact family and friends, whether they are connected to both of you or just one spouse or the other. While your parents, siblings, or friends may feel the impact of your separation, no one is going to feel the effects more than your children. No matter whether your children are very young or already grown, there is no denying that they will feel the impact of your split. Here is what to consider to help your children handle this process as well as possible.

The Initial Impact

When you and your spouse decide to split, whether you start with a civil divorce or choose to file for annulment at the same time, the initial days and how you handle them will have an immense impact on your children’s lives. It’s important to note that, no, divorce and annulment are not guaranteed to hurt your children. In many cases, your children likely understand, at least to some extent, the level of conflict that has led to separation and the difficult decision to end your marriage. It’s often the case that your children will feel some level of relief upon separation, if only because it reduces the level of conflict they experience at home. However, if you and your spouse keep conflict out of the home, announcing divorce and annulment can be more surprising and jarring.

The end of any relationship is a trying time, no matter how amicable the split is. Just like a break-up or divorce, no one gets off scot-free emotionally during the annulment process. Understanding this can help you better prepare yourself for the emotional impact of going through the annulment process, and to find ways to help yourself cope.

The Emotional Impacts of Annulment

You should expect an emotional adjustment period with the end of any relationship, no matter how long it lasts — but, of course, the longer you and your partner were together, the more of an adjustment there will be. You had months or years to adjust to the quirks of living with and relying on someone else in basically every aspect of life. Going through the Catholic annulment process involves making a lot of those adjustments in the reverse. Not only will you be dealing with the emotional impact of an ending relationship, but you will also face the additional emotional turmoil that can come from examining the nuances of your marriage (which is what the annulment investigation asks of you).

As you go through the annulment process, here are a few things you can do to help yourself and your family work through this emotional time to find healing:

The end of any relationship is a trying time, no matter how amicable the split is. Just like a break-up or divorce, no one gets off scot-free emotionally during the annulment process. Understanding this can help you better prepare yourself for the emotional impact of going through the annulment process, and to find ways to help yourself cope.

The Emotional Impacts of Annulment

You should expect an emotional adjustment period with the end of any relationship, no matter how long it lasts — but, of course, the longer you and your partner were together, the more of an adjustment there will be. You had months or years to adjust to the quirks of living with and relying on someone else in basically every aspect of life. Going through the Catholic annulment process involves making a lot of those adjustments in the reverse. Not only will you be dealing with the emotional impact of an ending relationship, but you will also face the additional emotional turmoil that can come from examining the nuances of your marriage (which is what the annulment investigation asks of you).

As you go through the annulment process, here are a few things you can do to help yourself and your family work through this emotional time to find healing: