How to Get an Annulment Through the Catholic Church

In the Catholic Church, marriage is sacred. When you tie the knot in the eyes of God, you are partaking in a sacrament and committing to a lifelong, unbreakable union. Even though the Church holds marriage in high regard, not all of these dedicated relationships work out—even if each spouse has the best intentions. If, for whatever reason, you're a Catholic who wants to end your marriage, the process looks a bit different, since the Church doesn't recognize divorce as a legitimate way to break the bond of your union. Although getting a divorce doesn't mean you'll be kicked out of your parish, divorced Catholics cannot remarry within the Church.

If you're hoping to say "I do" again in the Church, you must first get an annulment. This declaration verifies that your marriage lacked one or several of the essentials qualities of a Catholic marriage to begin with, thereby making it invalid. Typically, after going through the standard divorce process in a civil court, you'll file a request and submit the necessary paperwork before a marriage tribunal, a Catholic Church court, reviews your case and makes a decision.

Wondering what this process looks like? Below, we've created a complete guide to getting an annulment in the Catholic Church.

What Is an Annulment in the Catholic Church?

An annulment in the Catholic Church is an official Church finding that a marriage is invalid. An annulment is granted after a couple proves that the marriage was missing one or a few of the essential elements required of a marriage recognized by the Church, which are as follows:

• Both spouses are free to marry.
• The two individuals are capable of giving consent to marry.
• Each person freely gives their consent.
• Both people give their consent in the presence of two witnesses and before a Church minister.
• The pair intends to marry for life, be faithful, and be open to having children.
• Each person respects the other and has their best interest at heart.

It’s important to note that an annulment in the Catholic Church doesn’t deny that a marriage ever existed, which is the case with a civil annulment. Instead, it says that a marriage that was once thought to be valid when two individuals entered the union was actually invalid at the time.

Who Can Apply for an Annulment in the Catholic Church

Usually, a person seeking an annulment is someone who has been married, is now divorced, and wishes to marry again in the Church—or a divorced non-Catholic who intends to marry a Catholic in the Church. That being said, the desire to remarry isn't a prerequisite—devout Catholics may simply want their parish to legitimize their divorce.

How to Get an Annulment Through the Catholic Church

Anyone who is looking to get an annulment in the Catholic Church must go through a thorough evaluation process, conducted by a tribunal, that focuses on assessing the beginning of the former couple’s marriage. In order for the Church to legally recognize the dissolved marriage and to grant the person permission to remarry in the Church, the counsel must find that the marriage was invalid at the time the duo tied the knot. Although the steps of the annulment process depend on each case, we’ve outlined the standard procedure below.

The Petitioner Requests the Declaration of Nullity

The person who wants an annulment (the petitioner) must request a declaration of nullity, a formal written plea that asks the Church to get annulled. The couple may petition together, but the case will still move forward if only one party initiates the appeal.

They Provide a Testimony

The one who requests the annulment must provide a written testimony about their former marriage, detailing the couple’s background and history. If the other spouse (the respondent) doesn't co-sign the petition, the Church will notify them that the annulment process has begun and will give them an opportunity to respond. However, the respondent doesn't have to participate or even agree to the annulment for the counsel to proceed.

That Person Shares Witnesses

The petitioner must also gather a list of two of more witnesses who are willing to help with the case, such as answering questions about the relationship and both parties involved. Since these individuals must know something about the marriage in question, they are typically family members or close friends.

The Petitioner Gathers the Necessary Documents

To proceed with the case, the next step involves compiling the necessary paperwork: 

• The declaration of nullity (see above)
• Copies of all Catholic parties’ baptismal certificates 
• A copy of the civil marriage license
• A copy of the church marriage certificate
• A copy of the divorce decree certified or signed by the judge
  

A Tribunal Determines the Best Process

Once the petitioner submits all of the required information, a tribunal will decide the best way to move forward. Although the details of this step vary depending on the case, both parties have the option of enlisting a Church advocate to represent them. They'll also have an opportunity to read their testimony before the tribunal.

The Church Makes Their Decision

The tribunal will then assign a defender of the bond on behalf of the Catholic Church to list all of the facts that support the marriage's validity. To inform their decision, the defender will analyze all of the events leading up to the marriage and those that took place at the time of the wedding ceremony. Based on the evidence, the judge or a panel of judges will declare whether the marriage was invalid from the start. You and your former spouse (unless they don't wish to be notified) will then receive the ruling.

What the Annulment Ruling Means

If the tribunal declares that a marriage is invalid, both parties will be able to get married again in the Catholic Church. This declaration only has religious implications and no civil effects, so the ruling says nothing about your children, property rights, or inheritance rights, for instance.

How Long Does an Annulment Take?

Since every case is different, it’s difficult to put a timeline on the annulment process. That said, the most extensive cases can take anywhere from nine to 18 months, while some of the shorter ones take a matter of weeks. The length of the process depends on a variety of factors, such as the petitioner failing to gather the documents in a timely fashion.

The Cost of an Annulment in the Catholic Church

Though annulments can cost upwards of $1,000, Pope Francis asked dioceses to subsidize tribunal services, so they’re free of charge for those seeking an annulment. Based on the amount that the diocese is able to subsidize, petitioners might have to pay a fee. But petitioners can cover these costs in installments over a period of time, or they can make arrangements with the Church to settle some of the expenses. The ability to pay is not a basis for an annulment.