Appeal of marriage nullity decision

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badger11

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I have what is hopefully a quick question that I cannot find the answer to. If one petitions for a declaration of nullity, and the respondent declines to participate in the process in any respect, does he/she still have the right to appeal the decision of the tribunal?
 
Yes. They can take your own testimony under oath, and any of your witnesses as well.
 
Sirach2 said:
Yes. They can take your own testimony under oath, and any of your witnesses as well.
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Hmm. An appeal wouldn’t call for new testimony, would it, but rather, simply review the decision of the original proceeding, right?
 
Once the tribunal makes the declaration there is no appeal.

The tribunal does not make wanton declarations, there must be some very valid reason to declare a marriage null and void.
If there is the shadow of a doubt they will deny the request.

Peace.
 
I don’t think I was clear in my original question. What I am asking is if the nonparticipating Respondent can appeal the decision, despite the fact that the Respondent declined to participate in the process. Certainly, either the Petitioner or Respondent could appeal a decision assuming both participated. But I am wondering if the Respondent who does not participate waives their right to appeal?
 
badger11 said:
, does he/she still have the right to appeal the decision of the tribunal?
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I misread your words, and thought you were referring to the original process of petitioning, despite the fact that the respondent does not intend to participate. I see now that maybe you meant “after the fact” of the tribunal rendering a decision. I’m not sure about that. Nevertheless, my answer stands as yes, you may begin the petition even though the other party is not cooperating in the process.

From past memory, the tribunal makes its decision, but then sends this to a higher court for a final verdict. THAT decision may not be appealed. It as been many years since my process completed, so the secondary decision may not still be in force.
 
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Yes, one can appeal to the Roman Rota. While the local Tribunal has minimal or waived fees, you must pay for a Rota appeal yourself.
 
Yes. They can still appeal within the allowed time frame. They have 15 days to declare an intent to appeal, and 30 days to file it. It seems unlikely, however.
 
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This is incorrect. A party to the marriage case can appeal the decision of the tribunal.
 
Thanks for the replies. It was my assumption that an appeal could be filed by the respondent, even if he/she declined to participate in the first instance. But it would also seem that, in my case, because my former spouse/respondent did not desire to participate/contest the validity of the marriage in the first place, she would not be inclined to appeal, as has been noted.

God bless.
 
You were correct. But it would be odd for someone who had refrained from participating in the process to decide to appeal. Blessings.
 
And you are correct once the 2nd tribunal sees the case and either affirms or denies the request the sentence is final and the parties are free to marry. Unless they explicitly prohibit this which they could do.
 
Sirach2 said:
From past memory, the tribunal makes its decision, but then sends this to a higher court for a final verdict.
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When a diocesan tribunal has issued a decree of nullity of a marriage its decision automatically had to go to the original tribunal’s appeal court for review and confirmation. However, Pope Francis has simplified the process and removed this requirement in the motu proprio “Mitis Iudex Dominus Iesus”, which amends the Code of Canon Law accordingly.
 
JerryZ said:
And you are correct once the 2nd tribunal sees the case
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Pope Francis has removed the requirement for a second tribunal to confirm the judgement of the tribunal of first instant (cf. “Mitis Iudex Dominus Iesus”).
 
That is correct. The Pope’s reforms in 2015 brought fairly sigificant changes to the nullity process. One of the goals was to make the process go more quickly (I believe the Pope urged tribunals to render a decision within 10-12 months, if at all possible.) Unfortunately, due to the volume of cases in my Archdiocese, that hasn’t happened, which makes “the waiting the hardest part,” to quote Tom Petty. 😄
 
He also created an administrative process for less complex cases where both plaintiff and respondent seek the declaration of nullity. That was meant, I believe, to relieve some pressure from tribunals. Of course, the speed of the process is not necessarily the tribunal’s fault. If it has asked for documents, witness testimonies, etc. the tribunal then needs to wait until people respond to its requests.
 
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