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Can Your Marriage Be Annulled Without Your Knowledge?

Question:

Can your marriage be annulled without your knowledge?

Answer:

The Church will not grant a declaration of nullity without the knowledge of both spouses. It’s possible that a diocesan tribunal may conclude that a declaration of nullity is warranted even if one spouse does not cooperate in the process, provided adequate evidence is marshaled by the spouse seeking the declaration.

However, a diocesan tribunal will inform the other party of its decision and give that person the opportunity to appeal to what is known as “the court of second instance.” Only if this appeals court ratifies the decision of the diocesan tribunal does a declaration of nullity normally become official, and even then all parties would be informed, and the party who might still disagree could still appeal to Rome.

For more on this subject, please see this Catholic Answers Magazine article by the eminent canon lawyer Edward Peters. Also, as needed, consult your parish pastor and representatives of your diocesan tribunal.

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