Ligamen Cases (Prior Valid Marriage Bond)
See canon 1085, §1. These cases almost always involve the marriage
of two non-Catholics. The conditions for these cases are:
a. The marriage to be declared null (Marriage A) was entered between
two people, at least one of whom was previously married.
b. That prior marriage (Marriage B) had ended in divorce, and the former
spouse was still alive at the time the new union (Marriage A) was entered.
c. The prior marriage (Marriage B) is at least presumably valid (e.g.,
it was the first for each of those parties; it was celebrated in the
Catholic Church, etc.). If a petition has been or will be lodged to declare
Marriage B invalid, then Marriage B cannot be the basis for a ligamen
petition.
If these conditions exist, the Ligamen Petition form should be completed
and submitted with all of the following documents and information:
1. The marriage certificate of the marriage to be declared null (Marriage
A).
2. The final divorce decree of the marriage to be declared null (Marriage
A).
3. The address of that former spouse (from Marriage A).
4. The marriage certificate (or at least the date and place) of the prior
marriage (Marriage B).
5. The final divorce decree of this prior marriage (Marriage B) or at
least the date, place and the case number or other identifying information.
6. If at all possible, the name and address of the “other party” in
this prior union (Marriage B).
7. If any of the prior spouses have died, especially if they died before
the marriage in question (Marriage A) ended, information regarding the
date and place of death is absolutely essential as well. This is because,
under some conditions, an invalid union between two non-Catholics can
be “convalidated according to natural law” once the impediment
ceases. The Tribunal is required to assess this possibility before a
declaration of nullity can be issued.
Supplementary Questionnaires: If needed, please assist the Petitioner
to complete one or both of the supplementary questionnaires. As explained
at the top of each of the supplementary questionnaires, these are required
only in more complicated cases, or when the whereabouts of the Respondent
and/or the “Prior Spouse” are unknown. Specifically, with
regard to Supplementary Questionnaire #1, when there is a string of prior
marriages, the Tribunal must assess all of the various unions to identify
which must be regarded as the presumably valid bond.
When documents are for any reason unavailable, sometimes affidavits of
people who can testify about the matters can be employed in place of
the actual documents.
Because of possible complications, no guarantee can be given of an affirmative
decision in ligamen cases. Therefore, no date should ever be set for
a new marriage or a convalidation until the case is definitively resolved.
While a ligamen is normally the best way to proceed when the conditions
are met, sometimes it is necessary to transfer the case to a formal trial
of nullity or a dissolution case when it is not possible to acquire the
necessary proof.
- Christian Marriage and the Ministry of the Tribunal
- Frequently Asked Questions About Annulments
- How to Present a Case
- Law in Service of the Church
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- Section 1: Application
(10 K PDF File) - Section 2: Facts
(10 K PDF File) - Section 3: Questions
(100 K PDF File)
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