The Gazette 1978

SEPTEMBER 1978,

GAZETTE

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

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. 135

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