WHAT ARE GROUNDS FOR AN INVALIDITY STUDY AND WHO MAY APPLY?
The canonical grounds recognized as invalidating consent are: force or fear; ignorance; error; deceit; intention against: children, fidelity, permanence or partnership of life; lack of reason; lack of discretion of judgment; incapacity to assume the essential matrimonial rights and duties which are to be mutually given and accepted.
These "grounds" are technical categories of law, but it is important that those petitioning for a declaration of invalidity indicate for what reason they believe the marriage in question might be invalid. The Tribunal will determine the exact grounds after viewing the evidence, and then the Parties are notified with an opportunity to respond.
The right to a marriage study is accorded any person who feels that his or her previous marriage lacked at least one or more of the elements seen as essential for a binding union. The pastor or designated parish minister will supply the forms necessary to submit the case. The Tribunal then conducts the investigation, and based on the evidence provided, renders a decision.
We realize this formal process requires that you recall, reflect upon and articulate past experiences which were painful and personally difficult. We ask that you do so as clearly and truthfully as you can. We will treat all information shared with respect and ask God that the process may bring you healing and peace of mind and heart.
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