Formal Case
A formal case begins with your submission of a petition for
a declaration
of invalidity, along with answers to a questionnaire, and
necessary documents.
You should prepare a draft of your answers to the questionnaire and review it
with the Advocate in a subsequent meeting. This is a very important step in
the preparation of your petition. A well-prepared preliminary deposition can
facilitate the processing of the case and save much time in the later stages.
Take time and reflect, endeavoring to answer the questions as objectively
and completely as possible, avoiding both simple “yes” or “no” answers, and
lengthy, unnecessary or irrelevant detail. Your answers preferably should be
typed or handwritten clearly.
While working on your questionnaire, you will also wish to gather the
necessary religious and civil documents (e.g., baptismal and marriage
certificate(s), final divorce decree, etc.). The Advocate will also assist
you in completing the petition form and other preliminary documentation. Both
as a matter of justice to the other spouse, and to meet the requirements of
canon law, the former spouse must be contacted by the Tribunal. You will be
asked to provide the names and current addresses of your former spouse and
witnesses.
After providing the Advocate with payment of the filing fee for the
Tribunal, he/she will mail your case, together with recommendations or
comments. (See What are the costs? in
the FAQs)
The Tribunal will send a letter acknowledging receipt of your case.
It will be assigned a case name and number, and you will be informed of
the steps to follow in the canonical process.
Lack of Form Case
This type of case is available in marriages involving members of the
Catholic or Orthodox Churches. In order for the marriages of Catholics
or the Orthodox to be considered valid by the Catholic Church, they
must take place in a certain way. For Catholics, this means the consent
of the parties must be exchanged in the presence of an official Catholic
witness (normally a priest or deacon) who has the necessary jurisdiction,
and in the presence of two witnesses. This is called the canonical form
of marriage. For sufficient reason, the Catholic party may receive a
dispensation so that, if they are marrying someone who is not Catholic,
their marriage can take place in another religious or civil setting. In
this instance, lack of form does not apply. For the Orthodox, their
marriages must take place in the Orthodox Church with the blessing of
the sacred minister.
It is only members of the Catholic and the Orthodox Churches who have
to marry in a certain way. All others – whether baptized or not – can
marry in any public ceremony and the Catholic Church will presume that
the marriage is valid. This is because the Church believes that it is
the consent of the parties that creates the marriage bond. The Catholic
Church can make further demands upon its members as to how their
marriages are celebrated, but cannot place the same requirements on
those who are not members of the Catholic faith community. The Church
can also recognize the requirements of the Orthodox Church, because it
requires a specific form of celebration for marriage by its members.
Marriages of Catholics or the Orthodox which are invalid because they
lack the required form can be declared invalid through an administrative
process. The Advocate will assist you in completing the appropriate form,
which will be mailed along with the baptismal certificate of the Catholic
or Orthodox party, a copy of the marriage certificate and divorce decree
from the previous marriage, and a witness affidavit which states that
the marriage never took place according to the proper canonical form.
Please note that the Catholic or Orthodox party may be either the
Petitioner or the Respondent.
After providing the Advocate with payment of the filing fee for the
Tribunal, he/she will mail your case.
(See What are the costs? in the FAQs)
Your case will be assigned a case name and number. The Tribunal staff
will then inform the Respondent and check records. You will be informed
of the decision regarding your freedom to marry once the investigation
is complete. If any of
the necessary information or documents are lacking, you and your
Advocate will be contacted. If the missing information cannot be
provided, Lack of Form cannot be proven. In these circumstances you
will need to pursue a different type of case.
Ligamen Case
In order to marry validly in the Catholic Church, each party must
be free from any prior marital bonds. If your former spouse has a
prior marriage which has not been declared invalid by a Catholic
Tribunal, you may have a Ligamen case. The Catholic Church believes
that this bond of marriage is still intact, and therefore your former
spouse was not free to commit to the subsequent marriage with you.
The process that is followed in these cases is called a "summary
judicial process." It involves gathering the necessary documents
and other information that demonstrate that a prior valid marriage
existed at the time of the marriage in question. It also requires
contacting the other party to request information about his or her
baptismal status and marital history.
After providing the Advocate with payment of the filing fee for the
Tribunal, he/she will mail your case.
(See What are the costs? in the FAQs)
Your case will be assigned a case name and number, and you will be
informed of the decision regarding your freedom to marry. If
any of the necessary information
or documents are lacking, you and your Advocate will be contacted.
If the missing information cannot be provided, the existence of
the prior bond cannot be proven. In these circumstances you will
need to pursue a different type of case.
Documents Needed:
-
Copies of the Marriage Certificate and Complete Decree of
Dissolution for the marriage between you and your former spouse
-
Copies of the Marriage Certificate of your former spouse
and his/her previous spouse and Complete Decree of
Dissolution for the marriage between your former spouse and
his/her previous spouse
Pauline Privilege
The Pauline Privilege is a dissolution of a valid marriage in which
both parties to a previous marriage were non-baptized at the time
they exchanged their marriage vows, and the Respondent remains
non-baptized. This privilege can be requested when only the Petitioner
either wishes Catholic baptism or has been validly baptized Christian,
and is now seeking a marriage in the Catholic Church.
After completing the necessary forms, providing the required documents,
and providing the Advocate with payment of the filing fee for the
Tribunal, he/she will mail your case.
(See What are the costs? in the FAQs)
Your case will be assigned a case name and number and you will be
informed of the steps to follow in the canonical process.
Favor of the Faith
The Favor of the Faith (also called Petrine Privilege) is a
dissolution of a valid marriage in which at least one of the
parties to a previous marriage is unbaptized and one of the
parties now wishes to marry a Catholic in the Catholic Church.
The favor is granted on behalf of a Catholic: either the Petitioner,
if he or she is Catholic, or the intended spouse. This “favor” is
granted by the Pope only when it is clear that the faith of someone
in the new marriage will benefit. The Pope will not grant this favor
if he has concerns that there will be scandal arising from such an
action. For example, the Pope would not condone immoral
(or perceived immoral) actions by permitting someone who has
behaved immorally to marry in the Catholic Church as a privilege.
The staff of the Seattle Tribunal will determine whether each petition
for such a favor meets the guidelines provided by the Vatican. Once
we receive the application, a member of the Tribunal staff will be
in contact with the Petitioner and the Advocate regarding the
handling of the case. There is no guarantee that a Favor of the
Faith application accepted by the Seattle Metropolitan Tribunal
will be granted by the Holy Father.