Lack of Form Cases
The conditions for these are:
a. At least one of the parties to the marriage was a baptized Catholic at the time of the marriage.
b. The marriage was not celebrated in the Catholic Church, or outside of the Church with a dispensation from canonical form.
c. The marriage was never later validated (“blessed”) in the Church.
There is a similar type of case, called a “Lack of Sacred Rite,” which applies to baptized Orthodox Christians who married outside of the Orthodox or Catholic churches.
If these conditions exist, the following documents and information are necessary:
1. The marriage certificate of the marriage to be declared null.
2. The final divorce decree of the marriage to be declared null.
3. A recent copy (i.e., one issued by the church of baptism within the last six months) of the baptismal certificate(s) of the Catholic party/ies to the union to be declared null, or at least the date and place of the baptism.
4. The address of the former spouse. If this is not available, the address of a relative “in care of” whom the former spouse can be contacted. If this also is not possible, please enclose a written explanation of the efforts made to locate the former spouse and why they have not been successful.
5. Affidavit of the former spouse testifying that the initial union was never later validated in the Catholic Church. If you have been unable to secure this affidavit, please include a copy of your letter to the former spouse, along with the affidavits of two witnesses. Always use the forms provided by the Office for Canonical Services.
As part of the process, the Petitioner will be asked if he or she has been faithful to any moral or legal obligations connected with the union in question (e.g., alimony or child support).
These materials, along with the completed petition form, are to be submitted to the Office for Canonical Services. Occasionally, there can be complications, so no guarantee can be given of a successful outcome. Therefore, no date for a new marriage, not even a tentative one, can be scheduled until the case is definitively resolved.
Special Circumstances:
If a Latin Catholic married an Orthodox Christian in an Orthodox Church on or after March 25, 1967, a Lack of Form case does not apply (Crescens matrimoniorum, 22-ii-1967). If an Eastern Catholic (except a Ukrainian Catholic) married an Orthodox Christian in an Orthodox Church on or after January 21, 1965, a Lack of Form case does not apply (Vatican Council II, Orientalium Ecclesiarum, 21-xi-1964). For Ukrainian Catholics, the applicable date is April 7, 1965.
If the marriage took place on or after October 1, 1970, it is necessary to clarify whether a “dispensation from canonical form” was granted for the marriage (Matrimonia mixta, 31-iii-1970, and canon 1127). If it was, the case becomes a Formal Trial rather than a Lack of Form case. The current of Form petition asks this question.
If the marriage took place on or after November 27, 1983, it is also necessary to ask if the Catholic party to the union had “formally” left the Catholic Church (e.g., enrolled in another Christian denomination or made a formal profession renouncing the faith; canon 1117). If something like this took place, a Lack of Form case might still be possible, but the circumstances surrounding the person’s decision to leave the Catholic Church would have to be assessed by the Office for Canonical Services.
- Christian Marriage and the Ministry of the Tribunal
- Frequently Asked Questions About Annulments
- How to Present a Case
- Law in Service of the Church
- For Non-Catholic Respondents
- For Parish Ministers
- Office of Canonical Services
- About Defects of Consent
- Spirit and Law Convention
- Bibliography
- Staff
- Contact Us
Download Materials
- Section 1: Application
(80 K PDF File) - Section 2: Information
(100 K PDF File) - Section 3: Affidavit of Other Party
(80 K PDF File) - Section 4: Affidavit of Witness
(90 K PDF File)
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