This presentation on "The Steps of the Procedure of the Annulment Process" is intended to be a step-by-step procedural guide for canonical advocates and petitioners in preparing and submitting their applications for ecclesiastical annulments to our diocesan tribunal. The topic is organized in a series of four parts describing the annulment process in nine steps. The entire series will be published as a brochure that will be available on our website and also in our parishes. In Part I, we have made some general remarks regarding the ecclesiastical process of annulment and we have enumerated the steps of the canonical procedure as outlined in the current Code of Canon Law. In this part II, we will study Steps 1 and 2. STEP 1: To petition for an annulment Contact your local minister (priest or deacon in your parish) You and your local minister (canonical advocates) set up a time to meet and go over the procedures to submit your case to the tribunal and to the attention of the judicial vicar. The judicial vicar is a priest appointed by the bishop to serve as the one who is entrusted with the good order of the diocesan tribunal. A judicial vicar, as an expert in canon law, must have a JCD (Juris Canon Doctor), or at least a JCL (Juris Canon Licentiate). A canonical advocate is a person who provides canonical/legal advice to the parties of a case by preparing and reviewing all the materials to be submitted to the court, and also may submit legal brief(s) on behalf of the people he/she represents regarding the invalidity of the marriage bond. In the Diocese of Salt Lake City, priests and deacons take on the role of canonical advocates for the people they serve in different parishes, church and civil institutions. These are some of the items you will need with your initial application: • Baptismal certificates for both parties in the marriage, which must have been issued within the last six months from the parish of baptism, • An original copy of the marriage certificate or a certified copy of the marriage license, • A certified copy of the final divorce decree (Marriage and divorce abstracts are not accepted). You will also be asked to complete the application package (petitioner’s testimony according to our questionnaire, list of witnesses, mandate of appointment, policy statement and financial agreement). Because this process is an investigation, be as detailed as possible, avoiding "yes" or "no" answers. The more detailed your testimony is, the stronger your case will be. This testimony will also determine on what grounds the case will be submitted. Canonical grounds for an annulment are the reason(s) why you believe the marriage is invalid. The officers of our diocesan tribunal will assist you in selecting the grounds upon the submission of your case. Another very important aspect in submitting your case to the tribunal is your witnesses. We require that you submit at least four witnesses. The more witnesses you have, the easier it is for the court to come to a decision in your case. Furthermore, these witnesses should be people who know you well and can give testimony regarding your courtship, the time of the wedding, and the life of the marriage. Please request the permission of your witnesses prior to submitting their names to the tribunal through your application form. STEP 2: Petition is forwarded to the Tribunal Once all the paperwork is complete, your local minister (priest or deacon) will submit the case to the tribunal. The tribunal will then decide if it has competency to hear the case. In canon law, competency refers to jurisdiction, and the consequent ability to hear a case. A court must have jurisdiction in order to hear a case, and if the court does not have the power to hear a case, it renders the decision invalid. A tribunal may have competency in four ways (Canon 1673): 1) It is the diocese in which the marriage was celebrated; 2) It is the diocese of the place in which the respondent lives; 3) It is the diocese of the place in which the petitioner lives, provided that both parties live in the same episcopal conference and the judicial vicar of the respondent’s diocese gives his consent; 4) It is the diocese of the place in which most of the proofs must be collected, provided that consent is given by the judicial vicar of the respondent and the respondent in fact is heard. Once the tribunal determines competency, the case is accepted. A series of officers are assigned to the case: judge, defender of the bond, notary, and canonical advocates. Upon the resolution of the issue of canonical competency, the case is accepted; once the case is accepted the communication between the petitioners and the tribunal is done through their canonical advocates; since the canonical procedure of annulment is not intended to be an oral procedure, updates, observations or notifications to the parties are not done by phone or through third parties; the tribunal welcomes and encourages the canonical advocates to keep in touch with the tribunal at all times.
Stay Connected With Us