Matrimonial Nullity Process: Phases and Requirements

Parts of the Process of Marriage Annulment

From the canonical point of view, nullity of marriage implies the absence of a valid marriage as a result of a vice or defect at the time of consent. To obtain this, it is necessary to allege and prove the cause of invalidity. This is essential for the continuation of the nullity process. It can be filed by either spouse and must be submitted to the Church's courts. Once submitted, the process of nullity, which is the set of rules governing matrimonial invalidity, can proceed. It consists of four phases:

Introductory Period

From the filing of the application to the fixing of the formula of doubt.

The petition for annulment is the formal vehicle through which the applicant exercises their action. Colloquially, it is a question asked of the court: "Is my marriage valid or void?"

The petition has 5 parts:

• To whom it is addressed: It is addressed to the ecclesiastical court of the place where jurisdiction belongs.
• Heading: You must first appoint the prosecutor attached to the court to represent the dominant party. You must also notify the defendant's address so that it can reach them. If you do not know where they are, it is composed as "whereabouts unknown," and the court that has jurisdiction will issue the demand.
• Facts: The demand must be based on facts and circumstances that have occurred to ask for nullity. These facts and circumstances are of three types:
  • Background: From when the spouses met until the preparations for the wedding (when they met, if there were infidelities, etc.).
  • Concomitant: Refers to the celebration of the religious ceremony (what took place, if there was a mass, etc.) and social events (whether there was a banquet or not).
  • Subsequent: From the time they were married until the marriage broke down (de facto or judicial rupture).

  It is desirable that the statement of facts in the demand is organized chronologically. The application for annulment must be characterized by two things: simplicity and clarity. It should address the merits of the claim.

• Fundamentals of law: The lawsuit should state the legal basis for the claim, from a legal point of view. Examples include: competence, legitimacy, procedure, and merits (the canon upon which the revocation is based). In canon law, the governing standard is: "The court knows the law." Mere invocation of the canon is sufficient; it is not necessary to add jurisprudence.
• Petition: (Potitum): Asks the court to declare the nullity of the marriage under the corresponding chapter. It must be clear. Accessory requests are additional requests made to the court, such as examining witnesses or providing evidence. The date, place, and signature of the attorney and the prosecutor are important.

Documents to Accompany the Application

1. Minutes of the solicitor and counsel mandate: This is granted before the ecclesiastical tribunal.
2. Certificate of canonical marriage: Certificate from the church where the couple contracted matrimony. If not provided, the demand is not supported.
3. Judgment of separation/divorce, and proof of residence (empadronamiento). Always submit original documents or notarized photocopies to the ecclesiastical court. The original plus two copies, sealed by the court. The application is filed in the general secretary of the Ecclesiastical Tribunal.

When the judge accepts the request...

1. Summons of the defendant in the process: when the notification is signed, the process begins.
2. A family firm is given, and it is reported that from the day after the notification, there are 15 days to answer the demand. If the deadline to answer is missed, nothing happens; you cannot ever be in a position of helplessness.

Potential Defendant's Procedural Attitudes Regarding the Notice of Claim

1. Does not appear.
2. Appears.
3. Appears and answers.
4. Whereabouts unknown.