Convalidation weddings

Regardless of why couples marry outside the Church and later seek a Church wedding,

the benefits of convalidation are enormous: peace of heart, oneness with the Church,

reception of the Sacrament of Matrimony and God's special blessing upon the marriage.

                                                  How Convalidation Works

Q. Why is a Church tribunal decision necessary?                                                                        

A. In simplest terms, if a Catholic wishes to marry in the Church when there has been a previous marriage, then one of the partners in the earlier union must have died or the Church must have issued a declaration of nullity (frequently called an annulment) of the previous marriage. The Catholic Church views all marriages with respect. It presumes that they are true and valid. Thus, it considers the marriage, for example, of two Protestant, Jewish or even nonbelieving persons to be binding in the eyes of God. These unions are covered by the words of Christ about divorce. Consequently, a tribunal process is required to establish that an essential ingredient in the relationship was missing from the start of the previous marriage.

Q. What is the procedure if the previous marriage for a Catholic person was outside the Church?

A. The Church requires that a baptized Roman Catholic marry before one of its representatives, usually a priest or deacon, unless special permission was granted otherwise. When a Catholic does not observe this requirement and marries out of the Church (for example, before a justice of the peace) and eventually divorces, the tribunal process involves two steps. The first step requires securing the Catholic’s baptismal record, a copy of an official document indicating the location of the marriage and the name of the person who performed the ceremony, as well as the divorce decree. The second step involves completing a relatively brief form that seeks the above information and asks a few additional questions about circumstances concerning the celebration of the marriage.This form and the supporting documents showing who witnessed the wedding are sent to the diocesan tribunal, which ordinarily processes that application in a few days and returns to the petitioner a declaration of nullity based on what is called a "lack of canonical form." The individual is now free to pursue a subsequent marriage within the Church or to have the Church convalidate a civil marriage which has already taken place.

Q. What is the procedure if the previous marriage was a Catholic wedding or a non- Catholic wedding with special permission to be married before someone other than an ordained Catholic clergyman?

A. The tribunal process in these circumstances is termed a "formal case." It is more complex than the "lack of form" case mentioned above because it examines what happened in the marriage. The procedure takes longer (currently about 18 months). In this type of case, the Church researches not merely the location of a wedding, but also the relationship between spouses before and during the marriage. In the United States, a person may start this process only after obtaining a divorce under civil law. The petitioning individual then works through an extensive, printed inquiry that explores the childhood of both persons, their courtship, the early years of the marriage and what the petitioner considers the major cause of the marital breakup. The petitioner will need to secure official documents: proof of Baptism, if pertinent; a marriage record and the divorce decree. In addition, names and addresses must be provided of the former spouse or spouses as well as several witnesses who can share their observations and experiences of the courtship and marriage.The petitioner’s ex-spouse is known as "the respondent" and has the right to give testimony. Once all the materials have been assembled, the diocesan tribunal examines the case. Usually, the petitioner is interviewed, and the counsel of a psychologist or therapist can be requested. The initial judgment is then sent to a different tribunal for confirmation. If both tribunals agree that there are sufficient grounds for nullity, the diocesan tribunal communicates a declaration of nullity to the petitioner. Respondents who are interested and who have cooperated in the process are also notified about the declaration of nullity. Sometimes cases receive a negative response and petitions are rejected. But a majority of formal cases in the United States receive positive judgments and declarations of nullity are granted.

Q. Does a declaration of nullity make the children illegitimate?

A. No. The parents, now divorced, presumably once obtained a civil license and entered upon a legal marriage. Children from that union are, therefore, their legitimate offspring. Legitimate, in this sense, means "legal." The civil divorce and the Church process do not alter this situation; they do not change the parents’ responsibility toward the children. In fact, during tribunal procedures the Church reminds petitioners of their moral obligation to provide for the proper upbringing of their children.

Q. Are there particular grounds for nullity in failed marriages?

A. In technical language, the most common reasons are "severe insufficiency" or "inadequacy of judgment" (also known as a grave lack of due discretion, because of some factor such as young age or pressure to marry in haste). Other reasons include psychological incapacity and the absence of a proper intention to have children, be faithful or remain together until death.