Metropolitan Tribunal

Dissolutions in Favor of the Faith

These cases are governed by special norms of the Congregation of the Doctrine of the Faith promulgated with the Instruction Potestas Ecclesiae of April 30, 2001 (communicated to the world’s bishops confidentially). The cases are prepared on the local level but decided in Rome by a papal decree.
Conditions for a dissolution in Favor of the Faith are:

a. At the time of the marriage, at least one of the parties to the marriage was not baptized in any valid Christian baptism, and remained unbaptized throughout the union.

b. That first union ended in divorce, after honest attempts at reconciliation proved fruitless.

c. The Petitioner was not the “culpable, exclusive, or prevalent cause” of the breakup of the marriage, and the prospective spouse of the Petitioner did not provoke the separation of the original spouses by his or her own fault.

d. The marriage to be dissolved must not have been entered into after a previous dissolution in Favor of the Faith.

e. Normally, there is a proposed new marriage (or a present civil union to be validated), although a case can be partially processed – but not completed – if no prospective spouse is presently available.

f. Every effort has been made to determine the present whereabouts, and to secure the testimony, of the former spouse.

g. No true scandal can be expected from the granting of the dissolution.

h. All obligations of justice toward the previous spouse and any children born of that union must be fulfilled by the Petitioner.

i. The Catholic parties must be actively practicing their faith.

Some other conditions apply in special circumstances:

j. If the proposed new union will involve a marriage with a non-Catholic, special promises beyond those normally required for a dispensation for disparity of cult or permission for mixed religion must be signed (a special form available from this office must be used, not the standard dispensation or permission forms).

k. If the marriage to be dissolved was a Catholic ceremony entered with a dispensation from disparity of cult, the new marriage partner cannot be a non-baptized person.

l. If after the breakup of the marriage the unbaptized party has already become baptized, then the non-consummation of the union after the baptism must be established.

m. If children were born in the prior union, a Catholic or converting Petitioner must do what is possible to see to the Catholic religious upbringing of those children.

For Favor of the Faith cases, the petition form and Petitioner’s deposition, including the following information and attached documents, are necessary:

1. The marriage certificate of the marriage for which the dissolution is being petitioned.

2. The final decree of divorce of this same marriage.

3. The name and address of the former spouse.

4. The names and addresses of at least two witnesses to the non-baptism of the party/ parties. The best witnesses are parents, aunts and uncles, or older siblings who can testify about the lack of baptism, especially during infancy and childhood years. Sometimes documents can supplement or replace such testimony (e.g., records of attending a synagogue, etc.).

The petition form and the Petitioner’s deposition ask for other information to fill out the case.

Since this type of case involves a papal dissolution of a valid but non-sacramental bond, the marriage being dissolved can serve as the foundation for declaring subsequent marriages null on the basis of the impediment of ligamen.

Being baptized or received into the Catholic faith is not a requirement for these cases. For instance, a Petitioner and former spouse may both have been from backgrounds other than Catholic, and the Petitioner may have no interest in joining the Catholic Church, but the case may be petitioned and granted in favor of the faith of his/her prospective Catholic spouse.

Often, a person’s situation might be such that either a Favor of the Faith or a Formal Trial of Nullity is possible. In such circumstances, consultation with the Tribunal over the best avenue to proceed is recommended.
No guarantee can be made that a case will be decided affirmatively. Therefore, no date for a new marriage (or baptism or reception into the Church) is to be set until the dissolution is granted by Rome.

Instructions for the Processing of a Papal Dissolution of a Non-Sacramental Marriage "In Favor of the Faith"

(Revised December 2002)

The Nature of Favor Cases:

Favor cases are not declarations of marriage nullity. Rather, they are acts of papal authority to set aside the binding force of a valid and sacred but non-sacramental union. This is done to “favor” someone’s faith, either the faith of a person who wishes to receive baptism and enter the Catholic Church, or the fuller practice of the faith of a Catholic who wishes to marry in the Catholic Church or to convalidate a current union in the Church.

The dissolution of a marriage in Favor of the Faith can be petitioned only if at least one of the parties to the marriage in question (i.e., the one to be dissolved) was never validly baptized in any Christian denomination. Other conditions required for a Favor case are described below.

While the gathering of evidence is handled at the local level, these petitions are decided at the Vatican, through the offices of the Congregation of the Doctrine of the Faith. In accord with their norms, our Tribunal is bound to make every effort to contact the other party to the union and to obtain sufficient evidence to establish with moral certitude that all of the conditions required for a Favor case are verified. Only once the evidence gathering has been accomplished may the case be sent to Rome.

The file prepared for the Congregation includes the petition and all the evidence, complete with a recommendation by the Cardinal and analyses of the evidence by the local Case Instructor and the Defender of the Bond. Once at the Congregation for the Doctrine of the Faith, the petition is reviewed. At times, the Congregation may direct that we seek further evidence. Thus, it is impossible to estimate how long it will take for a Favor petition to be decided. Furthermore, if all of the conditions are not verified to the satisfaction of the judges of the Congregation for the Doctrine of the Faith, they will render a decision in the negative. Therefore, it is critical that no date for a wedding, convalidation, baptism, or reception into the Catholic Church be scheduled or promised. Furthermore, never give any assurances about the ultimate outcome or a time frame within which a decision can be expected. While the parties deserve support and encouragement as they go through the process, we do not serve them by giving assurances that are beyond our power to fulfill.

Finally, as a sign of the good faith of the parties, the Congregation insists that they not take any action that changes their status from the time the petition is lodged until the decision is made in Rome. This means that if the non-baptized party wishes to receive baptism, he or she is not to be baptized during the interim. This also means that if the parties are hoping to marry, they not attempt any civil or other union outside of the Church. Any “changes in status” will certainly cause delays and may even interfere with an affirmative response to the petition.

Basic Conditions for a Dissolution in Favor of the Faith:

1. At the time of the marriage, at least one of the parties to the union was not baptized in any valid Christian baptism.

2. At least one of the parties remained unbaptized throughout the common life of that union.

3. The union ended in divorce and there is no hope for any reconciliation.

4. The petitioner and his/her prospective or current spouse were not the “culpable cause” of the breakup of the marriage. This, however, must be properly understood. Petitioners may have contributed to the breakup of the union without being the “culpable cause.” If a petitioner, however, was physically abusive or had an affair or affairs that led to the breakup of the union, then the Congregation almost certainly would consider him or her to be the culpable cause of the breakup.

5. There is a proposed new spouse (or a current union to be convalidated), since the Favor is granted for the sake of a specific proposed marriage. (If there is no prospective spouse, in order to secure a definitive answer with regard to the question of freedom to marry, it is wiser to explore with the prospective petitioner the possibility of a declaration of marriage nullity. If there is no possibility of a nullity case, however, a Favor case may be initiated and most of the evidence gathered if there is no prospective spouse. Those materials can be kept on file. If a prospective spouse later emerges, the petition can then be completed and forwarded to Rome.)

6. The petitioner must be fulfilling all obligations in justice toward the previous spouse and any children of that relationship.

7. The Catholic party/parties must be actively practicing their faith and living a good moral life in accord with Church teachings.

8. No scandal (genuine scandal as understood in the Catholic moral tradition) can be reasonably expected from the granting of the dissolution.

Additional Conditions in Special Circumstances:

A. The Congregation of the Doctrine of the Faith will not accept a “second Favor petition.” In other words, if the marriage that broke up was entered in the Catholic Church after the parties had received an earlier papal dissolution in Favor of the Faith, a new Favor of the Faith petition cannot be lodged.

B. If the marriage to be dissolved was celebrated in the Catholic Church with a dispensation from disparity of worship (c. 1086), the new marriage partners must both be baptized persons.

C. If, after the breakup of the marriage, the unbaptized party has already become baptized, then the non-consummation of the union after baptism must be established.

D. If the proposed new union will involve a marriage with a non-Catholic, special promises beyond those normally required for a dispensation for disparity of cult or permission for mixed religion must be signed. When this is the case, the Tribunal office will provide the special form required.

Religious Instructions when the Petitioner is Non-Catholic:

When the petitioner is not a Catholic, the Congregation for the Doctrine of the Faith requires that he or she receive instructions in the Catholic faith. Written confirmation of the completion of these instructions will be requested of the submitting priest as part of his recommendation of the parties during the instruction phase of the case.

For a Converting Petitioner: If the petitioner is not already a baptized Catholic, a full course of instructions in the Catholic faith must be completed before the case is submitted to the Congregation of the Doctrine of the Faith. This course of instruction and formation would normally be accomplished within the Order of Christian Initiation of Adults.

A converting petitioner is not to be baptized or received into full communion with the Catholic Church without the official notification that the Favor has been granted by the Holy Father. Any and all exceptions to this rule must be discussed with the Judge Instructor of the case.

For a Petitioner Who is Not Converting: If the petitioner does not wish to convert to Catholicism, a “full course of instructions” in the Catholic faith is still necessary. In this context, by a “full course of instructions” is meant the equivalent of those given to a non-Catholic in his/her premarital instructions. This should include knowledge of the basic tenets of the Catholic faith from which an informed decision about exploring eventual conversion could be considered, and which would enable the petitioner to understand the obligations of his/her prospective Catholic spouse and any children to be born in the union.

Items to Be Submitted with the Petition

1. The petitioner’s completed deposition, including the petitioner’s concise written account (one or two paragraphs) of the reasons for the breakup of the marriage. This should include a brief description of the central problems that arose and of the attempts made to resolve them.

2. An original or certified copy of the marriage certificate for the marriage in question (i.e., the marriage to be dissolved).

3. An original or certified copy of the final decree of civil divorce, dissolution or nullity for the marriage in question.

4. If the petitioner is baptized as a Catholic or in any Christian church, a copy of his or her baptismal certificate. (If the petitioner is a Catholic, this should be the original copy, with all sacramental notations, of a certificate issued in the last six months.)

5. If the petitioner has already attempted a marriage that is intended to be convalidated if the papal dissolution is granted, please submit a copy of that marriage certificate.

6. If the prospective spouse of the petitioner is baptized as a Catholic or in any Christian church, a copy of his or her baptismal certificate. (If the petitioner is a Catholic, this should be the original copy with notations of a certificate issued in the last six months.)

7. Baptismal certificate(s) of any children born either of the “marriage in question” (i.e., the marriage to be dissolved) or of the petitioner’s current union with the prospective spouse.

8. If the respondent’s whereabouts are unknown, please be sure the petitioner completes the special questionnaire provided for this purpose.

9. Please submit with the Favor of the Faith petition any other marriage cases of the petitioner and/or of the prospective spouse (“companion cases”). If those cases have already been resolved or if a former spouse has died, please submit the completed decrees of ecclesiastical nullity/dissolution or death certificate.

a. Depending on the circumstances, any marriage(s) of the petitioner subsequent to the marriage in question would normally be submitted as ligamen or Lack of Form petition(s). Please consult the Tribunal if you have any questions.

b. The Congregation for the Doctrine of the Faith will grant a Favor of the Faith only if the prospective spouse’s freedom to marry has been verified. Therefore, it is critical to submit petitions related to the prospective spouse from the very beginning, because the Favor petition cannot be sent to Rome until the companion cases are resolved. If a vetitum was connected to a declaration of nullity obtained by the prospective spouse, that must also be addressed before the Favor petition can be forwarded to Rome.

Expenses (as of July 2002)

Before submitting the petition, it is opportune to inform the petitioner that the expenses connected with Favor of the Faith cases are $500.00. Of this amount, $375.00 is sent to the Congregation for the Doctrine of the Faith to cover their fee.

Petitioners are asked to assume these expenses according to their financial ability. We ask for an initial payment (filing fee) of $100.00 to be submitted with the petition. We send a statement for the balance at the time we forward the petition and accompanying materials to Rome. All checks should be made payable to: “Tribunal – Archdiocese of Los Angeles.”

In the event a petitioner is unable to pay the entire amount, we are glad to allow payments over time. If the petitioner is unable to make any contribution to the fees, please confer with the Tribunal. In all cases, please assure the petitioner that his/her financial situation has no bearing on the outcome of the case.

Other Considerations

Signatures: Although a deacon or other parish minister may be involved in assisting the petitioner to present the Favor petition, the Congregation for the Doctrine of the Faith expects that a priest submit the case on his/her behalf. Thus, whoever else may be involved with the preparation of the petition, the pastor or associate pastor should affix their signature to the petition form, the testimony, and other pertinent documents.

Contact with the Respondent: It is often helpful, out of courtesy, for the petitioner to inform the respondent that he/she is initiating this process and to expect a contact from the Tribunal. This advance notice can help avoid misunderstanding and facilitate the cooperation of the respondent.

In some situations, bitterness or other problems between the petitioner and respondent makes such a contact counterproductive. In these circumstances, it might advisable for the submitting priest or parish minister to attempt an outreach. If so, however, do not attempt to secure any testimony from the respondent. Simply ask him or her to respond to the Tribunal’s questionnaires fully and promptly, and offer your assistance if the Respondent has any questions or wants any further help.

Contact with Witnesses: Please do not attempt to secure testimony from witnesses prior to submitting the petition. Also, please inform petitioners that they should not request letters or other information from their witnesses. Petitioners should simply inform the witnesses to expect to hear from the Tribunal, asking them to complete the questionnaires, have them notarized, and return them directly to the Tribunal as soon as possible.

Recommendation Forms and Other Requests: After reviewing the materials submitted with the petition, the Tribunal office will send to the submitting priest the appropriate forms for the recommendation of the petitioner and prospective spouse. Please do not use the forms from a previous case for this purpose. There are several different versions of the recommendations and this office will send you the one that best meshes with the circumstances of the petition.

Other items may be requested after the petition and petitioner’s deposition have been reviewed.

Consultation: If you have any questions or need any advice, please feel free to consult the Favor of the Faith Department at (213) 637-7204. Thank you.

Download Materials

Petition 1: Application
(100 K PDF File)
Petition 2: Contacts
(90 K PDF File)
Petition 3: Deposition A-B
(100 K PDF File)
Petition 4: Deposition C
(100 K PDF File)
Petition 5: Deposition D-F
(100 K PDF File)

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