Can you re-apply for annulment after the first application is denied?

[BornInMarch]

In the Catholic Church, Marriage is considered to be eternal meaning that once made it can only be dissolved by death.

Having said that, marriages can still be annulled. An annulment means the marriage was invalid from the beginning because one or both of the spouses was unable to fully enter into marriage from the beginning. There are various reasons for an annulment, and they are listed in the link below.

stmarys-waco.org/documents/Grounds%20for%20Marriage%20Annulment%20in%20the%20Catholic%20Church.pdf

You present your case to a tribunal, and if they are convinced there’s a good reason then they’ll grant an annulment (97% of the cases that come before tribunals get accepted).

uscatholic.org/life/2008/07/annulments-what-never-was

So my question is, if a request for an annulment gets denied, does that mean you can never ask again? Case Closed?

If that’s the case, then what if new evidence is discovered after the fact that the tribunal did not previously know about (Evidence that would have changed the outcome of the decision had it been available)?

 

[1ke]

In the Catholic Church, Marriage is considered to be eternal meaning that once made it can only be dissolved by death.

This is true of (valid) marriages between the baptized.

The Church recognizes the dissolution of a natural bond in some cases. Natural bonds do not have the indissoluble character of a sacramental bond.

So my question is, if a request for an annulment gets denied, does that mean you can never ask again?Case Closed?

No.

 

[BornInMarch]

No.

Not even if new information becomes available afterward?

One-word answers are not answers.

 

[tseleehw]

Not even if new information becomes available afterward?

One-word answers are not answers.

I think he is saying no to your statement, that you can never apply again afterwards (kind of a double negative).

 

[1ke]

Not even if new information becomes available afterward?

One-word answers are not answers.

You asked, “does that mean you can never ask again?”

The answer to that question is “no”, it does not mean you can never ask again. You can certainly appeal and/or apply again under new grounds or submit new evidence.

 

[BornInMarch]

You asked, “does that mean you can never ask again?”

The answer to that question is “no”, it does not mean you can never ask again. You can certainly appeal and/or apply again under new grounds or submit new evidence.

Ok then. The Double Negative kinda confused me.

 

[dans0622]

…

So my question is, if a request for an annulment gets denied, does that mean you can never ask again? Case Closed?

If that’s the case, then what if new evidence is discovered after the fact that the tribunal did not previously know about (Evidence that would have changed the outcome of the decision had it been available)?

Hello,

On one hand, a person can propose a case and have the petition itself rejected. This does not prevent the person from submitting the petition again (and again and again), or appealing the rejection of the petition.

On the other hand, a person can submit a petition and have the case proceed to a decision. If that decision is “negative” then the person can appeal to a higher court. The person can also submit a new petition (marriages don’t enjoy a protection from “double jeopardy”) suggesting new “grounds.” The possibility of “success” for the former is probably higher than for the latter.

If there is “new evidence” related to the grounds which received a negative decision, but an appeal is impossible, the person can pursue what is called a new proposition (or new examination) of the case before a higher tribunal.

Dan

 

[thistle]

This is true of (valid) marriages between the baptized.

The Church recognizes the dissolution of a natural bond in some cases. Natural bonds do not have the indissoluble character of a sacramental bond.

No.

Actually, valid but unconsummated marriages can be dissolved.

 

[KjetilK]

So my question is, if a request for an annulment gets denied, does that mean you can never ask again? Case Closed?

No.

Not even if new information becomes available afterward?

Read your own post and his one more time to see what he actually answered. You seem to have assumed the opposite of his answer in your question.

 

[otjm]

Having said that, marriages can still be annulled. An annulment means the marriage was invalid from the beginning because one or both of the spouses was unable to fully enter into marriage from the beginning. There are various reasons for an annulment, and they are listed in the link below.

Marriages are not “annullled” in the sense of the Church making something go away. It would be better to say that marriages may be granted a decree of nullity, meaning that they were null (which is another way of saying they did not exist validly) from the beginning. They are not invalidated later; they were invalid from the day of the wedding.

You present your case to a tribunal, and if they are convinced there’s a good reason then they’ll grant an annulment (97% of the cases that come before tribunals get accepted).

uscatholic.org/life/2008/07/annulments-what-never-was

Statistics are problematic if one is not careful - and may be problematic if one is careful.

Reading the article, it appears that in one jurisdiction, for one period of time, for the cases which actually made it to a hearing, 97% were granted. However, the same article notes that cases do not always make it to a hearing. In other words, the statistic is easily misleading.

CARA - Center for Applied Research in the Apostolate - out of Georgetown University, did research on Catholics who have divorced. Their findings: 7% of Catholics who started the process of seeking a decree of nullity were granted one. 8% of Catholics who started the process did not receive one - and this includes those who may not have even started the paperwork, those who started and did not complete it; those who competed it but did not file, those who filed but withdrew, and those who proceeded to a decision.

And that leaves 85% of Catholics who have divorced and not even started the process.

So my question is, if a request for an annulment gets denied, does that mean you can never ask again? Case Closed?

If that’s the case, then what if new evidence is discovered after the fact that the tribunal did not previously know about (Evidence that would have changed the outcome of the decision had it been available)?

At one point, some time (several years) ago, I was told by someone in the tribunal process, that people would withdraw if there were indications that the decree of nullity might not be granted; the reason being that there was the proverbial “one trip to the well”. That may have been then, and things have changed; or it may have been the practice of my archdiocese, or it may have been the understanding (not correct) of the individual who spoke with me. I believe 1ke is a Canon lawyer? In any event, it makes sense if one could apply again, as it may be that the grounds under which the first process was made either were weaker than initially presumed, or that additional evidence over time became available.

The article you referenced has some sad commentary in it, and not surprisingly, as I have heard most of the comments by individuals in the article made by others to me. And at least in part it indicates that people truly do not understand decrees of nullity, and to some extent, the Church’s teachings on marriage.