Church Tribunals and Declarations of Nullity (Annulments)

The tribunal system

• Diocesan tribunal. “In each diocese … the judge of first instance is the diocesan bishop, who can exercise judicial power personally or through others” (c. 1419 §1).
• Metropolitan tribunal. “from the tribunal of a suffragan bishop, appeal is made to the metropolitan tribunal” (c. 1438 1°).
• Roman Rota. “The Roman Rota is the ordinary tribunal established by the Roman Pontiff to receive appeals” (c. 1443).
• Apostolic Signatura. The supreme tribunal, which hears complaints of nullity and other recourses against rotal sentences (c. 1445 §1).

What a declaration of nullity is

A declaration of nullity is a finding that a marriage was not valid under church law from the start. It is not a church divorce. The USCCB explains that it “means that a marriage that was once thought to be valid civilly and canonically was in fact not valid according to Church law.” In each case a defender of the bond argues for the validity of the marriage, and parties may have a church advocate.

The 2015 reforms

In the motu proprio Mitis Iudex Dominus Iesus (Aug. 15, 2015, effective Dec. 8, 2015), Pope Francis revised the process. As a result, a second conforming decision is no longer required; a single judge may hear a case under the bishop’s responsibility; and a “briefer process” before the bishop is available when nullity is supported by particularly clear arguments.

No civil effect

A church decision does not change a person’s legal status under state law. As one diocese explains, “The civil effects and recognition of that marriage remain intact and unchanged.” A civil divorce or annulment is a separate court case. Likewise, a declaration of nullity does not affect the legitimacy of children.

Researching declaration of nullity in your state

To research declaration of nullity for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• vatican.va
• vatican.va
• usccb.org
• stcdio.org

Related reading on Lawtopolis:

• The 1983 Code of Canon Law: Structure and Key Canons
• Canon Law and American Courts: Church Autonomy and the Ministerial Exception