Absence Of Canonical Form printable pdf download

ANNULMENTS-DISSOLUTIONS

M - 1

Section M

April 1997

ANNULMENTS - DISSOLUTIONS

Since marriage is a natural law right, all marriages are presumed to be valid until

proven otherwise. The Catholic Church recognizes the validity of the marriages of

Catholics and non-Catholics alike. Following a divorce, a person, regardless of religious

affiliation, may petition the Church in the following ways:

FORMAL CASE: The Petitioner is asked to complete a lengthy questionnaire

concerning the ended marriage. The civil documents, the address of the

Respondent, the names and addresses of at least three witnesses are required. The

decision in a formal case declaring the nullity of the marriage is based on evidence

that establishes a particular ground found in canon law. There is no assurance that

an affirmative decision will be given. It is important that no new wedding date be

set prior to a final decree. Every affirmative decision must be ratified by a superior

court. The docket line varies but could last eight months or more.

II.

INFORMAL CASE: This is also known as a documentary case. The Petitioner

completes a one-page questionnaire with the help of a priest or advocate. The point

to be established is, for instance,

Absence of Canonical Form was not followed:. The priest or advocate views

the civil documents and the Catholic baptismal record and writes this

information on the petition form. The address for the other party is required.

In the Diocese of Tyler, priests and deacons have the ability to process

Absence of Canonical Form marriage cases when the petitioner is the

baptized Catholic. When the respondent is the Catholic party, the case

is to be handled by the Tribunal. Only legitimate Absence of Form

cases can be processed in the parish. It is the responsibility of the pastor

to see that these cases are handled properly and completely.

Method of Recording: Each parish is to maintain a book for the

recording of all Absence of Canonical Form marriage cases processed in

the parish. The book is to be hard-covered and kept with the

sacramental record books in a secure and fire-proof place. It is the

pastor's responsibility to insure that only authentic absence of form cases

are processed and that the cases are recorded in an accurate and timely

manner. The deans will check the books on an annual basis. The

following information is what is to appear in the record book.

Name of Catholic Person

Name of the former Spouse

Date granted

Name of priest/deacon preparer

Form to be completed: See form on M-V.

Prior Bond (Ligamen): An undispensed impediment existed prior to the

marriage in question which resulted in the invalidity of the marriage. For

example, the Respondent was previously married and divorced prior to the

marriage in question. Thus a prior bond (ligamen) petition is filed. The priest

or advocate obtains the civil documents both for the marriage in question and

Absence Of Canonical Form

Related Articles

Related forms

Related Categories