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GAZETTE
SEPTEMBER 1978,
Marriage Annulment in
the Catholic Church
PREFACE
Solicitors, in the main, know little or nothing about the
law and procedure applied and followed in the marriage
tribunals of the Roman Catholic Church. The Public
Relations Committee of the Incorporated Law Society, in
response to requests from the profession, have had
meetings with members of the Regional Marriage
Tribunal in Dublin to discuss ways of informing the
profession of how these tribunals work and the relevant
principles of ecclesiastical law applied.
In part pursuance of that objective, the Committee
decided that this special supplement to the Gazette would
be prepared containing a summary of the relevant law
and procedure. This summary is a synopsis of a recently
published book by Monsignor Ralph Brown entitled
Marriage Annulment in the Catholic Church — A
Practical Guide
(Published 1977, by Kevin Mayhew
Limited, 55 Leigh Road, Leigh-on-Sea, Essex). Mgr.
Brown is President of the Archdiocese of Westminster
Matrimonial Tribunal. Although writing from his
experience in an English marriage tribunal, the law and
procedure described by the author is, of course, the same
in Ireland.
Any Solicitor who is further interested in this topic
may obtain a copy of Mgr. Brown's book from Veritas
Company Limited, Publishers, 7 Lower Abbey Street,
Dublin 1, price £3.03 (postage extra).
The Law Society wishes to thank Mgr. Brown for his
kind permission to the publication of this summary of his
book. The Society's thanks are also due to Mgr. Gerard
Sheehy, President of the Regional Marriage Tribunal in
Druncondra, Dublin, for checking the accuracy of the
summary.
Michael V. O'Mahony
Public Relations Committee
The Incorporated Law Society
of Ireland.
September 1978
CONTENTS
1. General Summary
(a) The Scope of Marriage Tribunal Work
(b) General Principles.
(c) Validity
(d) Sacramentality.
(e) Consummation.
(0 Lack of Form.
2. The Grounds for Nullity — Consent
A. Total Simulation
B. Partial Simulation
(i) The Intention of Excluding the Rights to
Conjugal Acts.
(ii) The Intention of Excluding the Indissolubility
of Marriage.
(iii) The Intention of Excluding Fidelity from the
Marriage.
(iv) Conditions.
C. Consent which is Forced.
D. Ignorance of the Nature of Marriage.
E. Error of Person or Error of Quality of Person.
3. The Grounds for Nullity — Defect in Consent
(Amentia, Lack ofDue Discretion and Inabilityto Fulfil
the Obligation of Marriage).
A. Amentia.
B. Lack of Due Discretion.
C. Inability to Assume the Obligations of Marriage.
4. The Grounds for Nullity — Diriment Impediments
A. General
B. Diriment Impediments which may require Proof by
the Formal Nullity Process.
(i) Age
(ii) Abduction
(iii) Crime
(iv) Public Propriety
(v) Legal Relationship
(vi) Impotence.
C. Diriment Impediments which may be dealt with by
means of the Informal (or Administrative) Process
(i) The Impediment of Prior Marriage (or
'Ligamen')
(ii) The Impediment of Disparity of Cult.
(iii) The Impediment of Holy Orders.
(iv) The Impediment of Solemn Vows.
(v) The Impediment of Consanguinity.
(vi) The Impediment of Affinity.
(vii) The Impediment of Spiritual Relationship.
5. Procedure in a Nullity Case — The Marriage Tribunal
and its Officials
(a) General
(b)The Marriage Tribunal
(c) Commencement of Procedure
(d) Examination of Petition
(i) Competence
(ii) Right to Plead
(iii) Sufficient Substance
(e) Petitions by Non-Catholics
(0 Notification to Respondent.
(g) Agreement of the Point of Issue
(h) Examination of Parties and Witnesses
(i) Publication of Evidence and Comments thereon
(j) Decision of the Tribunal.
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