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, lack of reason, lack
of discretion of judgment, or incapacity to assume the essential
matrimonial rights and duties that are to be mutually given and
accepted. Other canonical grounds are simulation of marriage
with an intention against marriage itself or partial simulation
of marriage with an intention against children, fidelity, permanence,
or the good of the spouse.
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. |
