By Msgr. Louis Naughton, Judicial Vicar

Editor’s Note: Msgr. Naughton was asked by The Georgia Bulletin to respond to questions concerning the annulment process in light of the impact upon Catholics seeking to return to the practice of their faith.

None of the answers to the following questions are to be regarded as complete. Hopefully, they will serve to shed accurate light on issues which are often sadly and painfully misunderstood.

Readers are referred to a recently published book on Catholic ecclesiastical annulment procedures: Annulment. The Wedding That Was. How the Church Can Declare a Marriage Null by Father Michael S. Foster (Paulist Press. Pages: x+205. $11.95).

1. What does it mean to be in "full communion" with the Catholic Church, as a lay Catholic? If one is not in "full communion," what steps are necessary to become reconciled with the Church again?

Regarding the first part of your question, a Catholic in full communion with the Catholic Church has the right of access to the sacramental life of the Church, as long as s/he is in the state of grace, is properly disposed and provided that no other moral or canonical obstacle stands in the way. In ongoing day-to-day practical terms, this means that a Catholic in full communion with the Church has right of access to the sacraments of penance and Eucharist, in particular.

On the other hand, for example, a validly baptized person cannot be re-baptized. In certain cases, when a serious doubt remains about whether the original baptism was validly conferred, the sacrament is to be conferred conditionally (sub conditione), in a private setting with respect to ecumenical sensitivity (and to avoid unnecessary pastoral confusion regarding the teaching of the Church on baptism).

A non-widowed person, whose marriage is recognized as valid by the Catholic Church, cannot attempt a new marriage with the approval of the Catholic Church while the previous spouse is still living. If a Catholic person in this situation does so, s/he places him/herself outside of full communion with the Church. The "new" (invalid) marriage situation needs to be investigated by means of a Tribunal-related process. Because the person has placed him/herself outside of the sacramental system of the Church, s/he will not be in a position to regain access to the sacraments until and unless the matter can be rectified or otherwise ceases to exist.

Access to Holy Orders is limited to men. A person in Holy Orders (a deacon, priest or bishop) cannot be permitted to enter the sacrament of marriage without a dispensation from the Holy See. However, a validly married Catholic man can be ordained a deacon; but if he becomes a widower he cannot be permitted to enter the sacrament of marriage without a dispensation from the Holy See. Occasionally a married Catholic man is permitted to be ordained a priest but in the Western (Latin) Church he needs a dispensation from the Holy See before this can happen.

I will now address the second part of the question, about the steps necessary to become reconciled with the Church again.

The person must be properly disposed in this regard. The usual course of action is to seek to return to the state of grace. This is usually accomplished by a fruitful and valid reception of the sacrament of penance whereby a person restores his/her right of access to the Eucharist and to the other sacraments of the Church. If access to the sacrament of penance is not possible in a particular situation, a person may make an act of perfect contrition to obtain forgiveness of serious (mortal) sin(s) but only if this includes the firm resolution to have recourse to sacramental confession (i.e., the sacrament of penance) as soon as possible.

2. What is meant by an annulment? How is it different from a civil divorce?

An ecclesiastical (as distinct from a civil) declaration of nullity is an official statement by the Catholic Church (and bearing the force of canon [i.e., Church] law) that a particular marital union does not and did not ever have the status of an indissoluble bond (in terms of the Gospel [e.g., cf., Mt. 19:6]). Certainly a marriage bond was established between the two people (the bride and the groom) when they exchanged marriage consent between each other on their wedding day. When a marriage collapses and ends up in a divorce something has gone radically wrong. An ecclesiastical decree of nullity is a formal declaration by the Catholic Church that the marriage in question did not constitute an indissoluble bond binding before God. However, a Church declaration of nullity does not dispense the parties from the natural obligations arising from their wedded life, including the obligations of the former spouses to each other and to their children.

A civil divorce is the dissolution of a marriage that the state (the lawful civil authority) had previously recognized as a valid civil marriage, i.e., valid in terms of civil law as distinct from ecclesiastical or Church law. In other words, the civil obligations and advantages that pertain to married people no longer oblige the parties involved when their marriage is terminated by divorce in the civil arena. However, divorced people may still be answerable and accountable to the civil courts with regard to serious and binding natural obligations (alimony, child support, etc.) stemming from the civil divorce settlement.

When I talk about a civil marriage, I am referring to a marriage that is recognized as valid in the civil arena (even if it is not recognized as a valid marriage in the Catholic religious sense, as described above). For example, the spouses of a valid civil marriage are entitled to certain tax breaks and other concessions not available to people who are not regarded as validly married in the eyes of the civil authority. A civil divorce is the termination or dissolution by the civil courts system of a marriage that the state had previously regarded as a valid civil marriage (whether the officiant was a minister of religion or a civil authority, e.g., a courthouse official).

3. When did the process of granting annulments begin in the Catholic Church? Why is it more common today for Catholics to receive annulments than it was 50 years ago?

Perhaps the earliest reference to the involvement of the Church in a marriage case is that of Paul's instruction to the Church of Corinth regarding a situation involving incest (1Cor 5: 1-13). In the year 314, the council of Ancyra addressed a similar situation. Down through the centuries, the pope and other Church fathers made decisions on marriage cases and questions. By the twelfth century, at least, marriage cases were generally held according to the regular judicial process. The Council of Trent (1545-1563) addressed the situation (in the wake of the scandal arising from the multiple divorces and remarriages of Henry VIII) as did subsequent popes and the Holy See. With the promulgation of the 1917 Code of Canon Law, definite judicial procedures were put in place and codified. These were also revised and updated in the 1983 Code of Canon Law, which is the norm now in force in the Latin (Western) Catholic Church.

There are many reasons for the sudden upsurge in this area. To mention just a few of the influential factors: on the positive side there is a clearer understanding by the Church of the nature of the sacrament of matrimony; a clearer understanding of human psychology. On the negative side: the proliferation in the availability of civil divorce in the Western world, in particular, stemming from a superficial approach to marriage itself, to the permanent commitment demanded of a valid marriage; poor role models presented by the mass media; the more public nature of sexual license.

In the United States, in particular (and not only here), those who approach a Catholic Tribunal recognize that the fact of their divorce prevents them from being able to make another attempt at marriage in the Catholic Church. In other words, they take seriously the teaching of the Church with regard to marriage and they want to determine if the circumstances of their previous failed attempt at marriage constitute a permanent obstacle to the possibility of a new attempt at marriage with the blessing of the Catholic Church.

A better understanding of human psychological factors has helped in a deepening of the (Church's) understanding of the human dynamic in marriage situations. In the face of severe limitations, diocesan bishops are making great efforts to make qualified personnel available for ministry in this area, even in the face of other pressing pastoral demands engendered by the stresses of modern living.

In this age of computers which have facilitated improved professional supervisory office management techniques, some critical aspects of the flow of the process can be monitored more efficiently. (Msgr. Edward J. Dillon and Msgr. Peter A. Dora have been instrumental in some major improvements in that regard, not only in the Archdiocese of Atlanta but much further afield.)

4. What is the approximate cost of the annulment process in the Archdiocese of Atlanta. Why is it necessary to charge a fee? Are you denied an annulment if you cannot afford the fee?

The issue of fees, related to services offered by the Church, can be a source of many unfair misunderstandings. Therefore, I am not going to be specific about the actual amount beyond giving the following assurance, which is applicable to any (arch)diocese throughout the world.

In any case handled by the Archdiocese of Atlanta, the amount requested and expected is based on a person's capacity to meet the fee in question. Very few persons pay the total fee in one lump sum. In almost all of the Atlanta cases fees are paid on an ongoing monthly basis in accordance with a realistic schedule worked out with the person. If a person's financial situation takes a downturn the fee can be renegotiated. A case will NOT be refused in the case of a Petitioner who is genuinely unable to meet the fee. However, refusal on principal to pay the fee is NOT an acceptable reason for dispensing from the fee; in such a situation, which is rare in my experience, the person is given a chance to reconsider the situation. In all cases a filing fee of $25 must be paid. If this amount proves an insuperable burden in a particular case, the person may approach the parish to furnish this nominal amount. Apart from that, a parish is not expected to (and should not) furnish any other balance. The fee is the responsibility of the Petitioner seeking the Tribunal services. If the person cannot meet the fee, the case can and will proceed nonetheless. Of course, this kind of unusual arrangement is made on the basis of honesty and trust.

At times, I am sorry to have to state that there are some rare instances when this trust is not honored. Occasionally (and, I am happy to say, not often) we have encountered situations when people refused to pay the outstanding balance still due after a case had been successfully completed. I mention this, only, because it is important for people to know that this can sometimes happen, unfortunately.

Why is it necessary to charge a fee? The answer, to put it simply, is that somebody has to pay the bills: staff salaries, telephone, energy and power company bills, secretarial expenses, etc. In this past financial year, the archdiocesan subsidy for the Atlanta Tribunal was over $315,000. This amount was made available through the generosity of the archdiocesan community at large, the majority of whom had no need to and, God willing, will never have need to seek the services of the Tribunal. In my dealings with the archdiocesan financial overseers, I have never experienced difficulty in obtaining the financial subsidy necessary to operate the Tribunal. However, this is not just handed out on a plate. The subsidy requested has to be explained and justified, and once this is established the support is forthcoming within the normal constraints of the finances at the disposal of and available to the Archdiocese.

Tribunal services are very specialized and are not sought beyond the special circumstances that give rise to them. Payment of fees gives Petitioners a special ownership and enables them to appreciate their responsibility in working with the Tribunal in gathering the information necessary to enable the Tribunal to reach some kind of informed conclusion in each particular case.

5. How long does it take for an individual case to be decided in the Metropolitan Tribunal of Atlanta? Why are cases a lengthy process?

The Tribunal cannot and will not give any assurance that a case will be completed within a particular timeframe nor can a Tribunal give any assurance that a decree of nullity will be granted in any particular case. No one else should presume to give any such assurances, either.

A definite timeframe cannot be given because of the circumstances particular to every case, which is individual and unique. However, on average, our experience has been that a case can be processed in about 12 to 18 months, from the date on which the case is formally opened (e.g., when the competence required has been made available to the Atlanta Tribunal). But the Tribunal cannot and will not be held to this timeframe. Some cases are extremely difficult and can take a far longer time. Not all cases presented can be processed by the Atlanta Tribunal. Some Petitioners have to be redirected to another Tribunal (either in the United States or in another country).

The basic concern in any Tribunal case is the protection and exercise of the rights of the two principal parties in particular, i.e., the Petitioner and the ex-spouse. Each party can name their own witnesses. The parties and the witnesses have to be given certain definite minimum timeframes to enable them to present their testimony, to name and contact witnesses, to review testimony that is not barred by confidentiality. The principal parties have a right to review each other's testimony and that of witnesses (unless special confidentiality issues arise). This can give rise to further legitimate delays in the interests of the right of defence. If testimony is weak, the parties may want to seek to supply additional input of substance. This too can cause further delays. (Access to testimony is not available to witnesses.)

6. What kind of case is called a defect of form?

A defect of form case can only come into play if one of the parties to the marriage is a Catholic (who has not left the Church by a formal act) or an Eastern Orthodox Christian.

Apart from very exceptional circumstances, for a valid marriage in the case of an Eastern Orthodox Christian, that person's marriage must take place with the sacerdotal blessing of a duly authorized Eastern Orthodox priest or bishop. In the absence of this sacerdotal blessing, neither the Orthodox Church nor the Catholic Church will recognize or accept the validity of that marriage. The absence of the sacerdotal blessing is regarded as an absence or defect of (canonical) form.

A person who marries in a situation that constitutes an absence of canonical form removes him/herself from full communion with the Church.

In the case of a Catholic (who has not left the Church by a formal act), a valid marriage must take place according to canonical form. Canonical form is operative, when the marriage of the Catholic takes place in the presence of a duly authorized Catholic officiant (usually a priest or deacon) AND two witnesses. In most cases, the officiant is the pastor or associate pastor of the place of marriage or a duly delegated priest or deacon. In a mixed marriage between a Catholic and a non-Catholic a dispensation may also be required for the sake of validity. In certain very special circumstances involving a mixed marriage, the diocesan bishop may dispense the Catholic party from canonical form, to enable a valid marriage to take place in a non-Catholic Church at which a non-Catholic minister officiates.

In a case involving a defect of canonical form due to a wedding taking place "outside" the Catholic Church, the Tribunal must be able to establish certain facts including the following: that the Catholic (or Orthodox) party was bound by canonical form; that the Catholic party had not left the Church by a formal act prior to or at the time of the wedding; and that the marriage was never subsequently convalidated or otherwise rendered valid in the eyes of the Catholic Church. An examination of a recent updated copy of the Catholic (or Orthodox) party's baptismal certificate is required and a copy of this baptismal certificate must be made available to the Tribunal. Inquiries have also to be directed to the Catholic dioceses in which the Catholic party lived from the time of the marriage in question. All of this takes time. Sometimes the inquiry reveals that the marriage in question was subsequently validated or healed or that it took place with a dispensation from canonical form.

Despite impressions to the contrary, an updated copy of a baptismal certificate is available from most countries even in areas of international tension.

Confusion arises in the case of a civil marriage between two non-divorced non-Catholics, which takes place in the presence of a civil officiant (e.g., before a judge in City Hall or in a garden or in some other non-church setting). A defect of form does not arise here. Not being a Catholic (or an Eastern Orthodox Christian), neither party is bound by canonical form. If a marriage of this type is brought to a Catholic Tribunal, a fuller (i.e., formal) process is involved.

7. What kind of case is called a defect of consent?

CONSENT makes the MARRIAGE. This is a basic principle in marriage cases. A case of defect of consent arises when the circumstances prevailing at the time of the exchange of consent rendered that consent invalid. A person must possess a basic capacity for marriage. In twentieth century Western society, one would have to question seriously the capacity of, say, a 17-year-old boy and a 16-year-old girl who are very immature and have no means of livelihood to exchange the kind of minimal level of marriage consent demanded of a life-long commitment, in good times and bad, in sickness and in health, for richer or poorer, for better or worse, until death do them part. Admittedly, the Church has established that for a valid marriage to take place the minimum age for a man is 16 years of age and that of a woman is 14. But this does not necessarily mean that every 16-year-old male person and every 14-year-old female person are capable of entering a valid marriage at such young ages. However, common sense tells us that with the normal pressures of modern living in this day and age a wedding between very young people has little prospect of lasting success.

A person must be free to undertake marriage without undue outside pressures (e.g., pressure from parents because of a pregnancy or a sexual liaison) or deceit (withholding of certain facts from the other fiancée, because of fear that the courtship would be terminated). A fiancée may be making undue demands upon a prospective partner (regarding future prospects). Psychological factors of a serious nature may be present which could raise questions about a particular individual's basic capacity for marriage with any member of the opposite sex. Is a person simulating marriage (e.g., the "green card" marriage in which a non-U.S. person marries a U.S. citizen with the sole purpose of facilitating the procurement of a visa to become a permanent resident of this country)? Does a person enter marriage on his/her own terms (contrary to an intention to remain faithful or to permanence or to openness to the procreation and education of children)? Sexual orientation issues might also have to be addressed.

These are just some of the issues which create serious problems leading to the complete collapse of a marriage. That is why, in the case of a Catholic in particular, a very thorough pre-marriage preparation is necessary. At times, priests, deacons and other pastoral ministers experience great difficulty in eliciting the cooperation of engaged couples to take pre-marriage preparation seriously. The focus instead is on the wedding day, the floral arrangements, the reception, the guest list, etc. and not on the fact that the wedding day is the first day of the rest of their married life until death do them part. That is one of the reasons why most dioceses have a minimum time frame of four to six months for marriage preparation in the Catholic Church. Even then the assumption is that couples have been courting over a sufficiently long period of time to enable them to come to a mature decision about the wisdom and desire to consider the possibility of getting married to each other. Pre-marriage preparation is one of the many very serious, taxing and privileged undertakings in which a priest, deacon or other pastoral minister is involved and it also demands the fullest of cooperation and seriousness from the engaged couple. Short cuts and evasions in pre-marriage preparation can come home to haunt a married couple in later years.

8. Are there other types of cases than these two? What is the most common type of case in the Archdiocese of Atlanta?

The most common cases processed here are formal cases based on a defect of consent.

Other cases can arise if a previous spouse had been in more than one failed marriage or if one or both previous spouses had never been baptized. Special procedures are involved in all such cases and they can also be lengthy. If the lines of investigation raise certain other issues, the process reverts to that briefly outlined for cases involving a defect of consent (as described above).

In a case involving more than one prior marriage, it might be possible to establish that a subsequent marriage was invalid because of the validity of a previous marriage. An example might help: John is a Protestant and was never married before he married Mary, also a Protestant. Mary, also, was never married before she married John. John divorced Mary. Then John married Margaret, a Protestant who had never been previously married. Later, this marriage also ended in divorce. Then Margaret (now a divorced person) meets Michael, a Catholic who has never been married before. It might be possible to establish with the help of authentic civil documents that Margaret's marriage to John was invalid because of John's prior marriage to Mary. Margaret can approach a Tribunal to have her marriage case heard. If Margaret's freedom to marry can be established by a Tribunal process, then Michael and Margaret can consider the possibility of getting married in the Catholic Church. If it is established that Margaret is free to consider marriage in the Catholic Church, Michael and Margaret must undergo the full pre-marriage preparation demanded of any engaged couple who wish to be married in the Catholic Church.

9. How many cases are decided in the Archdiocese of Atlanta on a yearly basis? Is this number increasing?

At the present time, we have over 1,000 cases on file at various stages of investigation. On average, we have been able to complete the process for about 270 formal cases involving defect of consent. Two hundred and sixty other types of cases have also been completed (including 220 involving defect or absence of canonical form). In addition some cases have been suspended either at the request of Petitioners or because Petitioners did not continue with them.

10. What steps should a Catholic take to begin the process of seeking an annulment? Does this process begin in the parish or elsewhere?

The process begins in the parish. A number of parishes include people, called Case Sponsors, who have been trained to help a person to consider the possibility of presenting a case to the Tribunal. (Parish Case Sponsors in this archdiocese render an invaluable service.)

Sometimes, the first step taken by a person is to call the Tribunal. When this happens, the person is directed to a Catholic parish. The Tribunal will not accept a case unless it is submitted through a parish under the direction of a qualified Case Sponsor. Otherwise, a potential Petitioner has no place to turn to for the initial as well as ongoing guidance and assistance needed to enable any worthwhile progress to be made.

At the same time a person should not approach a Tribunal in the heels of a recent divorce. A divorced person needs time to recover from some of the trauma of the preceding marital breakdown.

A Tribunal case should not even be considered until it is definitely established that reconciliation is completely out of the question. In some situations, the speed with which a Tribunal is approached borders on the scandalous. In an address to a number of U.S. Bishops (Oct. 17, 1998), Pope John Paul II expressed his grave concern that the Tribunal process might be conceived as divorce under a different name. The referral of matrimonial cases to a Tribunal should be a last resort.

The Tribunal will not even consider accepting a case if any outstanding civil matters are still in dispute in the civil courts (e.g., alimony, child-support, child custody issues, etc.)

The Tribunal process is not to be confused with therapy and is not to be used as a therapeutic process, even if in many cases therapeutic healing is accomplished. The function of a Tribunal process is to determine if a particular marriage, which is presumed to be valid, is in fact valid. The basic presumption is that the marriage in question is valid. The Tribunal process must maintain that presumption unless with moral certitude it can be proved otherwise.

11. Once an annulment process has started, what steps are necessary to carry it through successfully?

The Petitioner must cooperate fully with the process. Viable testimony must be available from the Petitioner and from witnesses. It is the responsibility of the Petitioner to furnish the proofs necessary. The Tribunal is willing to work with the Petitioner but the Petitioner must be willing to do the legwork. It is the Petitioner's case and the onus is upon the Petitioner to prove the case for invalidity or nullity. In certain situations, it happens that even with the help and advice of the Tribunal, the Petitioner has been unable to obtain viable testimony despite the fact that s/he has done everything reasonably possible to do so. The Tribunal, through the Petitioner's Advocate, will sometimes be able to advise the Petitioner that the case is weak. In such circumstances, the Petitioner will have to decide whether to continue with the case with the prospect of an unfavorable judgement or to have the case placed in a suspended status with the possibility of reopening it at some future time if stronger testimony should surface. Or the Petitioner may be able to elicit the cooperation of additional and more viable witnesses.

The good will of the parties entering the failed marriage is presumed. What is at stake is the validity of a marriage that has unfortunately failed. As recently as Jan. 21, 2000, Pope John Paul II clearly stated that no human power, not even the power of the pope, could dissolve a ratified, consummated marriage. An intention against indissolubility cannot be presumed; it has to be proved with moral certitude. The church has a duty to reaffirm the indissolubility of marriage.

12. Many Catholics whose marriages end in divorce believe that they are excluded from the sacraments of the Catholic Church. Are divorced Catholics permitted to receive Communion?

Any person, divorced or not, is permitted to receive Communion as long as s/he is in the state of grace. In certain cases, this may entail nothing more than a valid reception of the sacrament of penance. Apart from the death of the previous spouse, a divorced person is excluded from a new attempt at marriage with the blessing of the Catholic Church until and unless it has been established with moral certitude by means of an ecclesiastical decree of nullity that the previous marriage was invalid.

By marrying "outside" the Church (without the appropriate dispensations), a person places him/herself outside the sacramental system and therefore removes him/herself from full communion with the Church. A Catholic in this situation thereby removes him/herself from access to the sacraments until and unless s/he has the situation rectified in the eyes of the Church.

13. Is it easier to obtain an annulment if one has been married for a short period of time? When a couple has been married for many years and raised a family, how can the church say the marriage did not exist?

Every case is unique and different. Marriage, whether of a short or long duration, is presumed valid until and unless the contrary can be proved with moral certitude. The proofs are determined by a Tribunal process. It does not matter what the length of the marriage was. Morally certain proofs must be established.

A first reaction to a short marriage is that something may have been radically wrong for it to collapse so quickly. But this is only a presumption and it can only be overridden by morally certain proofs to the contrary. Certainly, a marriage of long duration (whether or not children were born of the union) can be more difficult to address. Why did the union perdure for so long? The procreation, upbringing and education of a family all suggest a loving, viable and committed relationship between the parents, in particular.

The following analogy might be helpful. Remember it is only an analogy. When the Titanic set sail from England in April of 1912 for its voyage across the Atlantic it is probable it would have safely reached New York had it not collided with the iceberg. In other words it was a worthy seagoing vessel capable of all of the normal encounters which could be anticipated for any ship on the high seas. The cause of the failure was the collision with the iceberg. Had there been no iceberg, the ship would have had a viable seagoing life. The difficulty in this case was that the presence of the iceberg constituted the setting that caused the ship to sink so quickly. Had the collision with the iceberg been avoided the ship would have reached its destination safely. The matter of its seaworthiness would not have arisen nor would there have been any question about its capacity to fulfil its function as a ship.

On the other hand, if below the waterline, the ship has a serious flaw that will not render it seaworthy, that vessel will be incapable of fulfilling its basic function safely and reliably. In other words it should never be released to sail because it is destined to sink, and will in due course sink, because it is rendered incapable of staying afloat due to the inherent difficulties it will encounter and be unable to cope with in the course of its seagoing life. Ultimately it is going to sink because the basic flaw under the water line has rendered it incapable of staying afloat. Defect of consent can be likened to that basic irreparable flaw under the waterline.

In a word, no matter what the length of the failed marriage, the Tribunal process must be able to unearth with moral certitude a basic (negative) condition which rendered invalid the marriage in question at the time of the exchange of marital consent between the bride and groom.

14. What is the status of the children in a family where a marriage is later annulled? Are the children considered illegitimate in the eyes of the Church?

Even a child born out of wedlock is not subject to any disadvantage in the law of the Catholic Church.

Children born of a valid or putative marriage are legitimate. A basic presumption of the Tribunal is that the bride and groom entered their marriage in good faith and with every intention of remaining in the union as a loving and committed couple until death would them part. The birth of their children is a further expression of the love of the parents for each other (and for their offspring). The children were conceived and born in a union that was at the time of their birth regarded as valid. The children were legitimate when they were born of the union in the eyes of both Church and State and the children remain legitimate even in the case where their parents' marriage is declared canonically invalid by means of an ecclesiastical decree of nullity.

15. If a single Catholic wishes to marry a non-Catholic, who is divorced, why does the non-Catholic's first marriage have to be annulled even though they are not members of the Catholic Church and were married in another church?

The previous marriage of the divorced non-Catholic has to be investigated by the Tribunal process.

A wedding between a non-Catholic single man (who had never been married before) and a non-Catholic single woman (who had never been married before) is regarded as a valid marriage. The Catholic Church presumes the validity of such marriage and this presumption remains in place until and unless the contrary can be proved by means of an ecclesiastical decree of nullity issued by the Catholic Church. This is the Catholic Church's understanding and teaching with regard to marriage. Therefore, the Catholic Church cannot and does not presume that the non-Catholic divorced party is free to enter a new marriage unless the canonical status of the previous marriage can be determined in favor of the non-Catholic.

If the Catholic chooses to marry the non-Catholic without a decree of nullity, the marriage is regarded as canonically invalid because of the presumption in favor of the validity of the non-Catholic party's prior bond of marriage.

16. One person seeks an annulment and receives one. Another person seeks an annulment and does not. What characteristics might the Tribunal see in one marriage and not in the other?

The difficulties that cause a marriage to end in divorce are not necessarily equivalent to canonical invalidity. When an ecclesiastical decree of nullity has been granted, the proofs offered enabled the judges to prove with moral certitude that the exchange of consent at the time of the wedding of the parties was canonically defective. In other words, despite the good faith and honest intentions, the exchange of consent on the part of one or both parties was radically defective. (In terms of the analogy previously presented, the "crack below the waterline" rendered either the bride or the groom or both incapable of establishing, entering and sustaining the matrimonial covenental partnership for the whole of life.)

Msgr. Naughton's Note: I am very glad to be able to avail of this opportunity to express publicly the sincerest thanks and appreciation of Archbishop John F. Donoghue as well as myself to all members of the staff of the Atlanta Tribunal, full-time and part-time, and to our Auditors, Parish Case Sponsors and all of those others who are actively involved in working with this Tribunal for their selfless, ongoing, hardworking, dedicated service.

Msgr. Louis Naughton, Judicial Vicar