Talking to priest about not needing an Annulment

[Gorgias]

Do you have a citation for this document? I’d like to read it. I was taught that the “lack of form” case is necessary, and is a nullity case, albeit one that is a documentary process, as you say, and not a judicial one.

Gee, that doesn’t sound right. In our diocese, under our former bishop, Father dealt with that in the pre-nuptial investigation.

I think you’re in Canada, right? I think I’ve learned here on CAF that, in Canada, the bishops’ conference has delegated the authority for lack of forms cases to the priest himself. Not so, down here in the lower 48.

Nevertheless, “three pages of essays” documenting, among other things, the reason for the divorce does sound like part of the process for a defect of form nullity. Odd. (Maybe they’re just covering their bases, in case it isn’t ‘lack of form’? Maybe they’re mistakenly using new (more brief) forms that came about following Pope Francis’ moto proprio regarding nullity? Maybe that’s just their policy?)

I think 1Ke gave you good advice. Your fiancé (not you) should call the Tribunal and explain that he and another baptized Catholic entered into a civil ceremony with no dispensation and were later civilly divorced.

Ask for the specific forms that need to be completed.

Yep.

 

[slomotion]

Nevertheless, “three pages of essays” documenting, among other things, the reason for the divorce does sound like part of the process for a defect of form nullity. Odd.

I know my thread is old at this point, but to those who offered advice, I just wanted to update in the event that my Fiance’s case caused any confusion.

We decided to follow our priest’s instructions, my fiance fill out the Proof of Nullity forms, and address our confusion with the priest when we next met with our Priest. If the answer had not lined up with what we had learned, my fiance would then have called the tribunal for advice.

Father told us that my Fiance’s filling out the Proof of Nullity forms and answering the pages of essay questions was NOT usually required for a Lack of Form case. He said my Fiance’s case would likely be closed as soon as the sacramental records and civil marriage & divorce documents were reviewed, and the bishop would declare him eligible for marriage. Father just wanted to make sure all items that MIGHT be needed at any point during the case were included in the documents he was sending in to open the case, in order to speed along the process if anything should come up.

This made sense to me. Father said that my Fiance’s case likely won’t take long at all - and of course I was all worried about nothing.

 

[1ke]

I was taught that the “lack of form” case is necessary, and is a nullity case, albeit one that is a documentary process, as you say, and not a judicial one.

You were taught incorrectly.

A nullity case is a judicial process.

Lack of form isn’t anything at all under the law. It doesn’t exist in canon law. It’s not a putative marriage. It doesn’t enjoy the favor of the law. There are NO canons in the section on nullity for this at all.

There is only a determination of freedom to marry. How that is done in any given place varies. In the US it includes paperwork being sent to and reviewed by the diocesan office.

In Europe, the priest gathers the information in the prenuptial investigation and that is it- NOTHING goes to the diocese.

I think I’ve learned here on CAF that, in Canada, the bishops’ conference has delegated the authority for lack of forms cases to the priest himself.

No, there is no “delegation” because there is no case. It’s not even anywhere in the law.

So actually, the dioceses in the US have created an administrative procedure that inserts the diocese into the premarital investigation.

It’s not a nullity case at all.

 

[acanonlawyer]

a documentary process, as you say, and not a judicial one.

Since we are getting into some procedural technicalities, I’ll point out that a documentary process is a judicial one. There is a petition, citation of the Respondent, evidence is gathered, defender of the bond makes observations, and a decision is handed down by a competent Judge. The decision can be appealed.

Dan