Is your marriage valid?

As one would expect, the Catholic Church takes the seven sacraments very seriously. The matter and form are held to a rigorous standard. There are also many rules in Canon Law as to who can offer the sacraments, qualifications of the individual receiving, etc. Marriage is no different. We won't go into all of the details here as we are presuming most of those were discussed before you got married. What we are discussing here are those that were not discussed.

Defects can occur in preparation for or during the marriage ceremony despite the best efforts of all involved when following the laws of the Church. We are dealing with human beings and things can and do happen. Some defects are serious enough to make the marriage invalid and in need of repair.

Talk to a valid priest. If he doesn't have the answers, he will be able to provide you with resources and individuals who can help you determine if a defect is possible.

If a defect appears to exist, the situation must be examined. On a basic level, some defects can be corrected by the local parish priest through a process called "sanatio in radice" or "radical sanation." This process normalizes the marriage by "healing" the defects. The marriage is brought back into the blessing of the Church and recognizes validity.

In some cases a competent legal authority must be consulted to make this determination. The annulment process is an examination of the marriage basically from courtship and engagement through the first year of marital life. Each Diocese should have a marriage tribunal which will adjudicate through detailed legal proceedings and investigation if the suspected defect exists. If they determine the defect exists, they can issue a Determination of Nullity which recognizes that under the laws of the Church the marriage never existed. The vows are null and void. If the couple wishes to be recognized as married under the Catholic Church, they must have the marriage normalized as discussed above. If the couple decides not to be married, then they are free to get a civil divorce and remarry.

With the permission of Kenneth who's story is available elsewhere on this site, Following are the steps followed to have the marriage reviewed and a determination of nullity granted:

Several things came to Kenneth's mind which caused him to question. Statements made by his wife to others including a statement made to a "clergy" person eventually caused him to recall events leading up to their marriage date. He recalled questions raised by the priest who provided the marriage instruction and ceremony and statements made by the wife's mother. This all gave him an uneasy feeling, which led him to consult with a priest who then directed him to an annulment counselor provided by the Archdiocese. This counselor encouraged him to spend a considerable amount of thoughtful prayer before beginning the process. After a couple of years and discussion with other Priests, Kenneth felt it was time for an answer.

He contacted the annulment counselor and met for an extensive interview. He then spent several weeks tracking down needed documents and completing the forms to begin the process. Normally this process can take 12-24 months, but one of the serious defects was undeniable and fatal for the validity of the marriage. Most shocking was that this defect was not anticipated in the journey to begin the process.

Along with the civil marriage license, birth certificate, Diocesean marriage records, and other documentation for the Tribunal, forms to open the case had to be provided. Witnesses may be called, so a list of those individuals and their contact information gathered. Below is the initial filing to open the case:

The hardest part of the process is the waiting. Following the initial filing, the tribunal investigates the reason for the petition. Documents are scrutinized. Witnesses may be contacted with detailed questions. The other spouse is contacted for rebuttal information and witnesses in their favor, etc. The documentation phase takes a considerable amount of time. After everything is compiled, the Church holds hearings to weigh the evidence and make a determination. Finally a letter is sent announcing the decision. A period of time is set aside for both sides to determine if they wish to contest the decision. If there is no dispute, a final declaration is issued.

Despite the questions initially raised by Kenneth, the determining factor in this case was actually a defect in the form of the marriage. In this case, every marriage must be approved by the Diocese in which the ceremony is conducted. Only a Priest approved by the Diocese and authorized to conduct the ceremony may officiate as the representative of the legitimate authority of the Catholic Church. This marriage was conducted by a Priest of the Society of Saint Pius X. The priest did not get permission to officiate at the marriage. This web site has revealed many errors of operating outside of the official structure of the Catholic Church. Marriages conducted by any group such as the CMRI, SSPX, SSPV, or independent  groups and/or clergy are not valid under Canon Law.