Annulment changes welcomed

Friday, Sep. 18, 2015

SALT LAKE CITY — Changes to the Catholic Church’s procedures for the annulment process could affect up to 75 percent of the formal cases heard by the Diocese of Salt Lake tribunal, said Father Langes Silva, judicial vicar and vice-chancellor.

On Sept. 8, the Vatican released two papal documents outlining a number of changes to the Church’s process for annulments. The documents, one for the Latin-rite Code of Canon Law and the other for the Code of Canons for the Eastern Churches, reflect Pope Francis’ compassionate views, said Fr. Silva.

“He is prompting us to approach the people with mercy, with kindness, with compassion, and you can see that in everything he does; it’s not different with canon law,” said the judicial vicar, who estimates that 75 percent of the 150 or so formal cases received each year by the diocesan tribunal will be eligible for the new brief process.

An annulment is a declaration made by the Church that a marriage was invalid because one or both of the parties had an impediment hindering the sacramental union or was affected by a defect in the consent rendered by one or both spouses. This is differs from a civil divorce, which “covers practical aspects in conjugal life, like children, financial support,” Fr. Silva explained.

Although the changes will speed up the annulment process, “the main doctrine of the Church, which is the unity and insolubility of the marriage, is not changed,” Fr. Silva said. “However, the Church has opened its eyes to see that … some people enter marriage not fulfilling all of the requirements for a valid marriage.”

For a marriage to annulled, it must be shown that one or both parties entered into the union invalidly. Among the impediments to a valid marriage are whether they were free to enter the marriage, if they were of the appropriate age, if they were psychologically prepared for marriage, and if they entered it willingly.

Also, “They need to have the intention to be open to having children, to be faithful and to be in the marriage forever. If any of those intentions were not in place at the time of the celebration, then the marriage is necessarily invalid,” Fr. Silva said. “The most common [situation] now is that people enter marriage, but they don’t feel this is going to be a lifetime thing; they only see marriage as a temporary thing. ... If the person enters marriage with that mentality, that is when we have another irregular situation that can be in favor of an annulment in the future.”

The current process in the United States – the changes from the promulgation will go into effect Dec. 8 – requires that an initial affirmative decision for an annulment be issued by a single judge and a mandatory appeal be processed by a three-person panel. With the change, if neither party in the marriage object to the initial affirmative decision, it becomes executive 30 days after the ruling.

Appeals remain a part of the process; if one of the parties chooses to oppose an affirmative decision, they have the right to do so. “Those cases will never be process through the short process,” Fr. Silva said.

Another significant change in the procedure is the option of a 45-day process that is available if both parties in the marriage agree to the annulment “and the facts are very clear that there are strong facts supporting the invalidity of the marriage,” Fr. Silva said.

A third significant change in the annulment process is that the first tribunal that reviews the case will be comprised of one, rather than three, judges. This change is not new in the U.S. because most Tribunals of First Instance already render decisions from a single judge, as is the case in the Diocese of Salt Lake City. 

While Pope Francis recommended that the annulment procedure be free of charge, Fr. Silva said he will recommend that the diocese continue to charge $225 for formal cases; the payment “is a symbol that the person is committed to do the procedure,” he said, although a fee waiver may be requested in hardship cases. 

In this reference particular norms will be implemented by the U.S. Conference of Catholic Bishops for U.S. tribunals.

“The fees that the tribunal collects don’t even cover 40 percent of the cost of the tribunal,” he said. 

If a person wants to apply for an annulment through the new, shortened process, Fr. Silva recommends that the parish priests and permanent deacons, who prepare the cases and serve as canonical advocates, “present a very strong case from the beginning,” clearly outlining the facts that support the invalidity of the marriage, he said.

Father John Evans, pastor of Saint Thomas More Parish, said he welcomes the changes to the annulment process. 

“As a pastor and parish priest, it is important to help everyone fully live their faith,” Fr. Evans said. “For those with previous marriage bonds and remarried outside the sacrament, it is an opportunity to work toward reconciliation and full communion.”

Removing the mandatory appeal doesn’t lessen the requirements for applying for an annulment, but will allow formal cases to be resolved more quickly, he pointed out. 

“This past year, I completed more than 20 canonical actions in regard to annulments; I have another 15 on my desk right now. The amount of energy that goes into each annulment is significant,” but worth it when an affirmative ruling is received, Fr. Evans said. “The joy of someone that’s been waiting for two years to be baptized and become Catholic, the elation of couple deeply in love and having their civil marriage of 25 years made sacramental, the gratitude of being asked and the joy of accepting the opportunity of being your niece’s godmother at her baptism, now becomes possible. I am not fond of all the administrative requirements of annulments, but I am very fond and consider it a privilege to help those in need to better live their faith, to better live within the Body of Christ, and to better live in full communion.”