A declaration of nullity, commonly called an annulment, is a judgement by a Church tribunal that what looked like a marriage was, from the beginning, not the lifelong bond the Church means by that word, because something essential was missing when consent was given. It is not a Catholic divorce, it does not end a marriage, and it says nothing about the legitimacy of children. Pope Francis reformed the process in 2015 with Mitis Iudex Dominus Iesus to make it quicker, simpler and, as far as possible, free, and he asked bishops to see the tribunal as a work of mercy. This guide describes the process as it works in the dioceses of the United States, so that a person who has been through a divorce knows what to expect.

What you need

• A conversation with your parish priest, deacon or the parish's trained advocate, who will help you through everything that follows
• Your marriage certificate (civil and, if you married in church, the Church record), and the final divorce decree
• Baptismal certificates for the parties, where they exist
• The names and addresses of several people who knew you both around the time of the wedding and are willing to answer the tribunal's questions
• Time and honesty: your written account of the courtship, the wedding and the marriage is the core of the case

When to pray it

Before the first meeting and throughout: the Prayer to the Holy Spirit for truth and courage, the Litany of Humility against bitterness, and the Our Father for your former spouse.

Steps

1. 1

   Step 1: Understand what a declaration of nullity is, and is not

   The Church holds that a valid marriage between baptised persons, consummated, cannot be dissolved by any human power. A declaration of nullity does not dissolve anything; it finds that a valid marriage never came into being, because at the moment of consent something essential was lacking. Canons 1095 to 1107 describe the defects of consent that can make a marriage null: a grave lack of discretion of judgement about the essential rights and duties of marriage, an incapacity to assume its essential obligations for psychological reasons, the deliberate exclusion of fidelity, permanence or children, marriage entered through force or grave fear, and certain kinds of error or deceit. A marriage can also be null because of an impediment or, for a Catholic, because it was not celebrated in the Church's form. Canon 1137 is explicit that children of a marriage later declared null are legitimate.

Tips

• A civil divorce must be final before a petition is accepted, because the tribunal must be sure the civil marriage is over.
• Your former spouse will be contacted and has the right to take part; the case can proceed even if they refuse to respond.
• Do not guess at the grounds. Tell the truth about what happened and let the tribunal identify the canonical grounds.
• Do not set a wedding date on the strength of a petition. No new marriage can be planned until a declaration is given.