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Diocese of Broken Bay

Marriage Tribunal

 

Overview

The Church is aware of the stresses in our modern world associated with marriage breakdown and divorce. The Church endeavours to reach out to the pain and hurt of the divorced, while upholding the permanence of a valid marriage.

The Marriage Tribunal in Diocese of Broken Bay is a service of the diocese to assist with the pastoral care of:

  • Divorced persons seeking to remarry in the Catholic Church.

  • Divorced and remarried persons seeking to have their marriage recognised in the Catholic Church.

  • Divorced persons seeking clarification of their standing in the Catholic Church for peace of conscience or for reassurance in developing relationships in the future.

The Marriage Tribunal is not involved with marriage preparation or counselling. More information about these can be found at Marriage and Family.

How The Tribunal Operates

The Marriage Tribunal office in the Diocese of Broken Bay operates as an office of the Interdiocesan Tribunal of Sydney for the Catholic Church in NSW and ACT. The Interdiocesan Tribunal staff are priests, deacons, religious and lay men and women. All are trained in Tribunal practice and some are trained in Canon Law.

The Catholic Church teaches that marriage is the intimate union of life and love that is permanent, faithful and open to new life. The Church, recognising that some marriages break down, cares about those who have suffered through the pain of separation and divorce. Although the Marriage Tribunal follows legal processes, it is there to respond pastorally to people who wish to clarify their status.

There are various types of cases that are presented at the Marriage Tribunal office depending on the particular circumstances of the marriage. The most common cases are those involving a request for an annulment of the marriage. The Tribunal is the Church court which, after a full investigation, may declare the annulment.

Explore Tribunal Information

What is an Annulment?

An annulment (decree of nullity) is a declaration by the Tribunal that at the time of a wedding a permanent bond of marriage, as understood by the Church, did not come into existence because some essential element for a valid marriage was lacking. An annulment does not deny that there was a civilly recognised wedding or erase the relationship that existed. In Australia an annulment has no effect in civil law. The children of the marriage are still legitimate. However, if a union is declared null, the Church considers the parties free of the marriage bond and able to contract marriage in the Catholic Church.

How does an annulment differ from a divorce?

A divorce is a civil decree by which a marriage that existed has ended and is now dissolved. An annulment, on the other hand, is not a dissolution. It is an official declaration by a Church Tribunal that at the beginning of the marriage, the time of consent, something essential was lacking that prevented a marriage bond, as understood by the Church, from coming into existence.

What is the basis for an annulment?

In Catholic law it is presumed that on their wedding day a couple were free and had the capacity to marry. Therefore, the basis for an annulment is the finding by the Tribunal that one or both parties in fact lacked something essential to consent to marriage, as understood by the Catholic Church. The essential elements for valid consent concern the knowledge, intentions, freedom and capacity of a person to undertake the obligations of marriage. There are a range of grounds under which an annulment can be applied for.

Can I re-marry in the Catholic Church after an annulment?

In practical terms, if a marriage is declared null, the Church considers the parties free of the marriage bond that would have otherwise arisen. The parties are then free to marry in the Catholic Church.

Annulment Processes and Requirements

Who may apply?

Any divorced person has the right to ask for an investigation of a previous marriage by the Marriage Tribunal. Only a party to the marriage may apply.

How is the process started?

An application is started by emailing or phoning the Tribunal offices (tribunal@bbcatholic.org.au / (02) 9307 8309) for an initial interview. Following this interview, a preliminary assessment is made, after which the applicant is advised whether the case is considered worth further investigation.

Is the former spouse contacted?

Yes. It is a requirement of canon law that the other party be contacted and given the opportunity to participate in the investigation in the same manner as the applicant. If they choose not to participate the process can continue without them.

Are witnesses necessary?

Yes. Witnesses should have knowledge of the background of one or both parties, their courtship, and the marriage relationship. Witnesses must be willing to be interviewed confidentially by the Tribunal.

Who has access to the information gathered?

The Tribunal observes relevant reporting and privacy laws of the State and Commonwealth. The parties to the marriage have the opportunity to know what evidence has been presented and the basis of the decision.

How is a decision reached?

When sufficient evidence is gathered, formal sessions of the Tribunal are held. The Defender of the Marriage Bond is involved to uphold the teachings of the Church on marriage and its permanence. Judges of the Tribunal then make the decision.

What happens after the decision?

The parties are notified of the decision and given a timeframe within which they may choose to appeal.

Is every application successful?

No. The decision rests entirely with the Tribunal after reviewing all evidence. Even with an affirmative decision, counselling may be required before a person is permitted to marry in the Church.

How long does it take?

Each application is dealt with individually. Due to the number of applications and varying case factors, no fixed timeframe can be specified. The average time for an outcome is between twelve and eighteen months.

Should a wedding date be set?

A Church wedding should not be booked until personal notification that a person is free to marry has been sent to the celebrant.

What are the fees for annulment?

Tribunal costs are heavily subsidised by the Diocese of Broken Bay. Applicants are asked to contribute a fee of $750, which can be paid in instalments. In difficult financial circumstances fees may be reduced. No one is refused an application due to inability to afford the fee.

Is it all worthwhile?

For many, the Tribunal process may have challenging and painful moments. However, as well as a legal procedure, many applicants find that the process itself can be an experience of healing and an opportunity to reflect on the reasons for the breakdown of their previous relationship, develop greater understanding, and a sense of closure.

An annulment does not declare that the spouses never really loved each other, nor that the divorce was more the fault of one party than the other, nor that one party is a better person than the other. The experienced staff care about what has happened to each person.

Whether a decree of nullity is issued or not, the decision can bring peace of mind to parties who have been wondering whether the Church would regard the marriage as binding for life. Decrees of nullity may allow a planned remarriage in the Catholic Church or validation of an existing marriage. Even those who petition unsuccessfully can make future plans informed by a clear understanding of their marital status as far as the Tribunal can determine.

Key Resource

Read the Interdiocesan Tribunal privacy policy document.

Download Interdiocesan Tribunal Privacy Policy (PDF 111.5KB)

Contact

Address

38 Renwick Street, Leichhardt NSW 2040

Postal Address

Interdiocesan Tribunal of Sydney
Locked Bag 5040, Alexandria NSW 2015

Phone

1300 793 874