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«IMPORTANT NOTES MARRIAGE NULLITY PETITION FORM 1. If you have downloaded this form, make sure also to download the Explanatory Notes [click here]. ...»

-- [ Page 1 ] --

SCOTTISH CATHOLIC INTERDIOCESAN TRIBUNAL

22 Woodrow Road, Glasgow G41 5PN

Tel: 0141 427 3036 : Fax: 0141 427 7715

www.scitribunal.org.uk

Email: admin@scitribunal.org.uk

IMPORTANT NOTES

MARRIAGE NULLITY PETITION FORM

1. If you have downloaded this form, make sure also to download the Explanatory Notes [click here].

Otherwise contact the Tribunal. You must read through those Notes and this entire form before filling it in.

2. Only the items listed in Appendix 1 may, if you wish, be kept reserved from the other party to the marriage.

Everything else on this form, as well as any documentation you attach to it, must by Law be shown to that party. He/she has the right to participate in this process according to the norm of Law. Once your case has been admitted, the first page of your Petition will immediately be sent to the other party who will be invited to come to the Tribunal to read the rest of your submission.

3. On the next page you will be asked to express briefly, in your own words, the main reason or reasons for which you believe that, at the time you and your spouse exchanged consent, your marriage was null. If you wish to read what the formal grounds of nullity are, with a short explanation, click here or ask for them from the Tribunal. NB: the reasons you give in your own words must be the whole and exclusive truth.

Any deliberate falsehoods could possibly prejudice the outcome of the case.

4. On subsequent pages you will be asked a number of specific questions which you must answer, even if it is to say “I don’t know” or “N/A [not apply]”. When it comes to the account of your courtship and marriage, the questions given are not obligatory: they are intended to help you to provide as much detail as you can, mindful of number 2 above.

5. If you had a civil marriage subsequently rectified canonically by the Catholic Church, please distinguish very clearly the timeline of your courtship [eg 2000-2002], your civil marriage [eg 2002-2008], your canonical, or Catholic Church, marriage [eg 2008-2014] and your divorce [e.g 2015]. All documentation relative to civil and canonical marriage as well as to civil divorce must be submitted as evidence.

6. If you have had two or more successive marriages, please write very clearly the timelines of each marriage and submit all marriage and divorce certificates and, if appropriate, death certificate(s).

7. When you complete the form please ensure that you sign and date it and have it witnessed by someone you know and trust.

February 2016 [3]

PETITION

Most Reverend Philip Tartaglia, PhB, STD Archbishop of Glasgow Moderator of the Scottish Catholic Interdiocesan Tribunal Your Grace I, ____________________________________________, hereby exercise my right to petition a declaration of nullity against my marriage to ______________________________________________.

I will elaborate more fully on my reasons for this petition in answering q7 & 8. Briefly stated, however, problems in

the courtship were:

1. _________________________________________________________________________________________

2. _________________________________________________________________________________________

3. _________________________________________________________________________________________

and problems in the marriage were:

4. _________________________________________________________________________________________

5. _________________________________________________________________________________________

6. _________________________________________________________________________________________

[I swear before God] or [I promise] that all that I write above, and below, is wholly and exclusively the truth.

Delete as necessary Signed: _________________________________________ Date: _____________________

Witnessed by: ____________________________________ Date: _____________________

(someone who knows you well) __________________________________________________________________________________________________

If applicable:

I, ____________________________, the other party to the marriage, do not oppose this petition.

Signed: _________________________________________ Date: _____________________

–  –  –

---------If you wish to withhold from the Respondent the information contained under (c), (d) & (e) below, please

NB:

omit it here and write it in the separate sheet provided [Appendix 1].

Give your present surname in block capitals. If applicable, your original family name should be added in brackets. Any other changes of name should also be indicated, giving the circumstances of the change.

---------PETITIONER

–  –  –

(j) What was your religion on the day you married?

(k) If you are not a Catholic are you interested in becoming one?

February 2016 [3] It is essential where possible to have full details for this section. It is your legal responsibility to do everything you can to provide the address of your former spouse. Give his/her present surname in block capitals. If applicable, original family name should be in brackets. Any other changes of name should be indicated. If your efforts to locate your former spouse are fruitless, please provide instead [if you are able] the address of a close relative who could pass on correspondence.





2. YOUR FORMER SPOUSE

–  –  –

(g) The religion of each parent at the time of former spouse’s birth:

(h) What, if any, religion was your former spouse reared in?

–  –  –

(j) If baptised, date and place of former spouse's baptism [if known]:

(k) Prior to the marriage were you blood relatives or in-laws?

February 2016 [3]

3. MARRIAGE TO BE INVESTIGATED

(a) Place of marriage [town/city; name of registry office or parish church]:

–  –  –

It may be that a declaration of nullity will be required for your previous marriage(s).

[If there are any other previous marriages please indicate details on a separate page]

5. CONJUGAL RELATIONS

–  –  –

7. ACCOUNT OF COURTSHIP On separate paper write in your own words an account of your courtship. The “Guidelines” [Appendix 2] are only given to help you organise your account. They may make it easier for you to know what to write.

You are reminded that your former spouse has the right to see what you write.

8. ACCOUNT OF THE MARRIAGE On separate paper, write in your own words an account of your marriage. The “Guidelines” [Appendix 3] are only given to help you organise your account. They may make it easier for you to know what to write.

Only if the union for which you seek an annulment first took place in a Registry Office, and one or both of you was Catholic at the time, and if you later went through a ceremony in the Catholic Church, please begin at Roman numeral “I” in Appendix 3. For every other case please omit I.

9. WITNESSES

(a) A witness is someone who can testify directly, or indirectly, to anything which contributes to the search for the truth of the validity, or invalidity, of the marriage at the time of the exchange of consent.

Witnesses who have directly seen, heard or come to know facts or evidence before the nullity case was introduced are of particular value: “prime” witnesses.

(b) However, useful testimony can often also be provided by witnesses who have simply known one or both parties to the marriage, either individually or as a couple, be it only for a short period of time within the span of the parties’ lives. For example, someone may never have known one party to the marriage, but knew the other party well as a child and/or as a teenage friend, etc. Such people have insights into personality and character and often also have knowledge of facts about a party’s background which can be helpful in building up a picture of that party. It is rarely evident on the wedding day that a marriage has been contracted invalidly. It will normally be things that have happened, or other decisions taken, before and/or after the actual wedding day which will combine to point to invalidity. It is important to indicate the scope of a witness’ knowledge.

(c) While family members can offer very important testimony, too many family witnesses often keep the evidence within too restricted a framework. It is also good, therefore, to propose witnesses who are independent of the family dynamic and who can often give a different and helpful perspective [eg Best Man, Chief Bridesmaid, good friends, a trusted teacher, work colleagues, etc, can all be good witnesses].

(d) While you may give as many names, addresses and telephone numbers of witnesses as possible, the Judge may restrict that number if he believes it to be suitable or necessary. You have the right to challenge the Judge’s decision.

(e) Before submitting any name as a witness, you must obtain their permission and signature on the “witness consent” schedule attached to this form. You must add your signature to the schedule and return it to the Tribunal. A separate schedule is required for each witness. Once you have collected all of the schedules from all of your witnesses, you must send them to the Tribunal with your completed marriage nullity petition form.

February 2016 [3] REMINDER: If you intend to (re-)marry in the Catholic Church, no arrangements should be made for the church ceremony until you have in your hand not only the notification of the declaration of nullity of your earlier union but also the letter of the Tribunal stating that a new marriage can actually be celebrated. Any advice to the contrary from anyone is not to be heeded. It is not possible or advisable to predict with any certainty the length of time the process takes, and even less so whether the outcome of that process will be favourable or not.

10. FUTURE MARRIAGE

–  –  –

Data Protection Statement By submitting this petition to the Tribunal, I consent to the holding of [both electronic and printed] personal data concerning me and the marriage under investigation. I accept and expect that all information will be treated with strict confidentiality and in compliance with both the Code of Canon Law [1983] and the Data Protection Act [1998]. I understand and accept that access to information is limited to the judicial and administrative staff of the Scottish Catholic Interdiocesan Tribunal and to any higher Court at which an appeal may be pursued. I accept that the data will be held for a period of ten years from the date of the final decision regarding the nullity petition. It will then be destroyed. By signing below, I consent to the holding by the Scottish Catholic Interdiocesan Tribunal of the data as described Child Protection I understand and accept that Tribunal personnel are required to report any incidents of child or vulnerable adult abuse disclosed in the interview process.

I testify that all the information I have given in this petition is complete and true and I freely submit my case to the Scottish Catholic Interdiocesan Tribunal for judgement. I also grant the same Tribunal my unconditional permission to make enquiries as it deems necessary to establish the truth of my petition.

–  –  –

I enclose other relevant certificates [please itemise] ________________________________________

________________________________________

________________________________________

–  –  –

Place:

–  –  –

Petitioner’s Address: _______________________________________________

_______________________________________________

Telephone Numbers: ___________________________

___________________________

___________________________

Email Address: ___________________________

Occupation: _____________________________

–  –  –

A. The earlier part of the courtship

1. When approximately did you meet and start courting? If possible, give the month and year.

2. How old were you? What were the circumstances in which you met?

3. Describe the initial attraction and how this developed positively and/or negatively up to the engagement [if there was one; otherwise, up to the marriage itself].

4. How frequently did you meet during the courtship?

5. Was it ever broken off? If so, how often, for how long and for what reasons? Please be as detailed as possible.

6. Did you both share your backgrounds with one another, eg your respective family backgrounds, where you came in your families, whether you both had both parents, how they got on with each other, with you and with any siblings; any major problems or good things in your upbringing; adolescence, school life, life of faith, etc? Please be as detailed as you can.

7. Was there any major illness in your respective families: physical, psychological, emotional, etc? If so, please give details.

8. Did you share more deeply: eg your dreams, ideals, fears, anxieties, hopes, etc? Please give details.

9. Describe one another’s personalities at this time. What were your respective strengths and weaknesses?

10. Were you able to socialise with others as well as with each other? Explain.

B. The engagement [if there was none, skip to section C]

11. Give the date.

12. Who proposed and in what circumstances?

13. Was the engagement announced to family and friends?

14. Was there an engagement celebration? If so, please recount.

15. Did the engagement change your relationship in any way? Explain.

16. Did either of you consider the engagement as a pledge to get married?

C. The later part of the courtship [whether engaged or not]



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