FRANÇAIS

The Chancery Office is responsible to ensure that the Code of Canon Law is followed in all sectors of the Diocese; in particular, all forms pertaining to Marriage, the Mariage Tribunal, the Diocese statistics as well as the Diocesan Archives.

Associate Judicial Vicar : Father Régent LANDRY
Email : [email protected]

Auditors : Mrs Diane Boucher Mondo and Mr François Mondo

The Bathurst Tribunal is a satellite site of the Halifax Regional Tribunal - Moncton Branch and are responsible for requests concerning the Declaration of Nullity of Marriage.
 

Halifax Regional Tribunal - Moncton Branch
Telephone : (506) 857-9531, extension 1236
Fax : (506) 854-1568
Email : [email protected]

What you need to start a cause of Nullity of Marriage

When people apply for a Declaration of Nullity of their Marriage, we ask them to provide us with the following documents and information:

Here are the most frequent questions/answers about the Declaration of Nullity of Marriage.

1. What is the role of the court in matrimonial cases?

After the preliminary inquiry, it is up to the court to determine whether or not there are sufficient grounds, in ecclesiastical law as well as in fact, to invalidate a Marriage. By “reasons” we mean a reason(s) to question the validity of the initial consent of the spouses in a given Marriage. The purpose of the study undertaken by the court is to provide evidence that verifies or does not verify these grounds for invalidation. The Declaration of Nullity by the Church of a given marriage depends on the validity of the grounds for invalidation.


2. Who are Tribunal staff members?

They are people very conscientious of the pastoral value of the service they offer, and they are bound by oath to maintain professional secrecy.


3. What is a Declaration of Nullity?

A Declaration of Nullity is a declaration by a competent court of the Church, that the "Marriage" never validly (i.e. canonically) existed. The statement is a formal acknowledgment that an essential element of Marriage was missing and therefore the union, as canonical Marriage in the Church, never existed.


4. What is the difference between a divorce and a Declaration of Nullity of Marriage?

A civil divorce is a legal act by which, once the division of property and the custody of the children have been determined, a civil dissolution of the marriage is granted, and husband and wife are declared free, by the same civil authority, to enter into a new marriage with a new partner. Such civil proceedings do not cast doubt on the validity of a Marriage. On the other hand, a Declaration of Nullity procedure calls into question the validity of the initial consent in this Marriage. If, after examination of the facts, it is proved that what had the outward appearance of a canonically valid Marriage is not in reality, the court declares this Marriage null. This is what a Declaration of Nullity is.


5. If I am legally divorced, do I have to apply for a Declaration of Nullity?

Yes. In the eyes of the Church, you are still considered married to your first spouse. The Church does not recognize the right of the civil court to dissolve the bond of Marriage. The Church does not impose penalties on people who seek a civil divorce. However, before you can remarry in the Catholic Church after a divorce, you must successfully obtain a Declaration of Nullity, which would confirm that your previous Marriage is not canonically valid.


6. Are Catholic marriages the only ones that need to be declared void before a second Marriage can be contracted in the Catholic Church?

A common misconception among Catholics is that the Church only recognizes Catholic marriages as valid. In truth, the Catholic Church recognizes as valid not only the marriages of Catholics celebrated in the Catholic Church, but also the marriages of baptized non-Catholics - like those of the unbaptized, for that matter. Marriages between the baptized (Catholic or not), if valid, are Sacraments, those between the unbaptized are not Sacraments, but "natural bonds", because being contracted according to natural law, rather than by the Sacramental bond that comes from our Baptism. Therefore, if a Catholic wants to marry a divorced, baptized and non-Catholic person or a divorced and non-baptized person, in either case, the non-Catholic party would have to obtain a Declaration of Nullity from a court of the Catholic Church before a second Marriage can take place in the Catholic Church. However, when a Catholic's first Marriage was to an unbaptized person, the court may consider the possibility of resorting to a procedure called "the privilege of faith". This is not a Declaration of Nullity.


7. If I choose not to submit my first Marriage to the examination of a court of the Catholic Church so that it can determine whether there are grounds for nullity, do I risk that my request to remarry in the Catholic Church be denied?

Yes, in this case, you will not be able to remarry in the Catholic Church. It is important to realize, however, that even if you appeal to the court to do a canonical review of your Marriage, there is no guarantee that there will be a Declaration of Nullity unless the court has found out that your previous Marriage was void and that the appeals court upholds that court's decision. If you choose to marry outside the Church, you will be considered to have contracted an "irregular" (ie non-canonical) Marriage, which prevents you from participating fully in the Sacramental life of the Church as well as to other aspects of the life of the Church.


8. Does the Catholic Church consider divorce to be a sin?

No. The Church considers that divorce, in itself, is neither good nor bad. In fact, the Church accepts that, in many cases, it is necessary to have recourse to the procedure of civil divorce in order to protect oneself legally and to obtain a just and equitable solution in matters of child custody, alimony and division of property. A civil divorce, however, from the point of view of the Church, does not give the right to remarry outside the Church.


9. Does the Church encourage divorced Catholics to seek a Declaration of Nullity?

Yes. Although it maintains its basic position on the indissolubility of Marriage, the Church has demonstrated that it is ready to examine and question the validity of a Marriage, and it does so more willingly today than in the past. The Church invites you to seriously consider going to court to obtain a Declaration of Nullity of your Marriage, if you are entitled to it.


10. If I do not believe I have serious enough reasons to request a Declaration of Nullity, or if I am largely responsible for the breakdown of my Marriage, should I still go to court so that it review my first Marriage?

It is difficult for anyone, as an individual, to determine whether there are sufficient grounds to justify an application for a Declaration of Nullity. This is where the expertise of court staff can be invaluable to you. It is wise to use it. The court does not inquire which of the two is to blame. Its mandate is to receive all requests addressed to it and to investigate in order to discover whether there are grounds for Declaration of Nullity. If there are, he will initiate the procedure that will eventually lead to a decision.


11. My first Marriage lasted several years and we had several children. How can the Church declare this Marriage null?

The length of the Marriage or the number of children does not affect the validity or invalidity of the Marriage. In other words, if the initial consent was defective, i.e. invalid due to an impediment that went unnoticed, then neither the duration of the Marriage nor the number of children can make the initial consent valid if it was not.


12. If I receive a Declaration of Nullity, does that mean that my children are illegitimate?

Absolutely not. The Declaration of Nullity in no way affects the legitimacy of the children, names, property, alimony, inheritance rights or any other matter dealt with in civil courts. In fact, the law of the Church expressly declares that "children conceived or born of a valid or putative Marriage are legitimate", that is to say first considered valid and then declared null. (Canon 1137).


13. What does a Declaration of Nullity procedure cost financially?

Each diocese determines the cost of such a procedure. The tribunal's funding base comes, in large part, from diocesan funds. However, it is considered fair and normal that the persons who benefit directly from the services of the tribunal make a contribution, insofar as their financial situation allows them, in order to cover, at least in part, the costs that such a procedure necessarily entails. The amount to be paid is normally fixed after discussion with the claimant, and may vary from case to case. However, no one is denied the right to use the services of a court because they cannot afford the costs.


14. If I obtain a Declaration of Nullity, does that mean that my spouse automatically receives one too?

Yes. Both partners are now free to remarry in the Catholic Church. However, in certain cases, a restrictive condition may be imposed, because of the circumstances that led to the declaration of the invalidity of the first Marriage. An investigation of this should be made at the time that person asks to remarry in the Church.


15. How long does this procedure take?

It is impossible to predict how long it will take to reach a decision since each case is unique. The availability of witnesses, the complexity of the reasons, the need for the intervention of experts, etc., are all factors that can affect the time required for each case. That being said, most cases are resolved within twelve to eighteen months.