The Catholic Church and Divorce

The Catholic Church and Divorce

God’s plan for marriage involves a permanent covenant embraced by the couple. 

Jesus taught the indissolubility of marriage:  “What God has joined together, no human being must separate” (Mk 10:9).

The Church’s fidelity to Christ’s teaching on marriage and against divorce does not imply insensitivity to the pain of the person facing these difficult situations. 

Marriages are presumed valid until proven otherwise. Even when a civil divorce has been obtained, the presumption of validity remains in effect until the contrary is proven. 

In the case of a failed marriage, a person can ask the Catholic Church to review the marriage and clarify the marital status of the person. This review or examination of the marriage to determine whether it might be declared invalid from its very beginning is conducted by a Church Tribunal, or Church Court. The Tribunal never takes sides but always remains neutral, always seeking the truth in charity and justice to both parties while protecting the bond of marriage itself. For a complete history of the Tribunal process click on “History of the Tribunal Process”.  

If/when a Church Court (Tribunal) issues a Declaration of Invalidity (often called an Annulment), it means that, after a careful review, the Church finds that something was so seriously wrong at the time consent was exchanged that this marriage  never bound either party, even from its inception. Therefore, so far as this particular marriage is concerned, each party is free to marry another person in the Catholic Church, if that is desired. The Declaration of Invalidity (Annulment) does not mean there was no marital relationship. The Catholic Church realizes that a relationship existed and is not saying that one did not exist. The Declaration of Invalidity does not mean the children of the union are illegitimate. It does not have any civil effect on anyone in the USA. Rather, a declaration of invalidity means for some reason, at the time of the wedding, the standards for a valid marriage were not met. Something may have been wrong with, or lacking in, the required form of marriage, one or the other may have been impeded by natural or divine or church law, or consent itself may have been defective. For further information on defective consent (that is the grounds used in Formal Cases) click on “Grounds in Formal Cases”.  

Once a declaration of invalidity has been issued, if there are no other restrictions, so far as that particular marriage is concerned, both parties are free to enter marriage in the Catholic Church.