Defining Terms
- What is the Study of a Marriage?
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It is a review to determine whether or not there is some reason in Church Law for declaring a previous marriage invalid. Marriages are considered invalid by Catholic law if some formality, intention or ability was missing at the time the marriage began.
The guidelines used by the Tribunal are gospel teachings of our Lord, Jesus Christ, And the law of the Roman Catholic Church. Pope Pius XII defined the work of the Tribunal in these words: "To care for the dignity of marriage; to work for the good of persons." The Tribunal works toward this end by diligently protecting the rights of a man and woman in a specific marriage, as well as the rights of the Church, which from the Lord Jesus has the responsibility as Guardian of marriage and all the sacraments.
- What is a Decree of Nullity?
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A Church decree of nullity is a declaration by the Roman Catholic Church that a particular union, begun in good faith and thought by all to be a marriage, was in fact an invalid union as the Church defines marriage.
Often a marriage that ended in divorce can only be judged invalid on the basis of a decree of nullity. A decree of nullity means that at the time of consent when the union began, some essential element of marriage was missing.
This essential element may be: an intention for permanence, fidelity or children; or there may be lack of ability to establish the marital partnership or community. It may sometimes be that, from the beginning, one or both personalities cause an overwhelming destructiveness for a marriage.
To decree a marriage null there must be adequate information presented to the Tribunal so that it can make an informed, accurate and just judgement in accord with the laws of the Church.
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- Beginning the Process