A Petition for a Decree of Lack of Canonical Form (also known as a Lack of Form Petition) is a legal document that is used in ecclesiastical law when a couple seeks to have their marriage validated by the Catholic Church despite not having been married in a valid Catholic ceremony. This type of petition is required when a couple has had a civil or non-Catholic religious marriage ceremony, but the Church has not recognized it as being valid. The petition must be submitted to the diocese where the couple resides, and must be signed by both parties. It must include details of the couple’s marriage, such as the date of the ceremony, the place of the ceremony, and the names of the officiating minister or celebrant. The document must also include a sworn statement from each party affirming that the marriage is valid and that both parties are free to marry in the Church. The most common types of Petition for a Decree of Lack of Canonical Form are the Pauline Privilege and the Patrice Privilege. The Pauline Privilege allows the dissolution of a non-sacramental marriage due to lack of form, if the marriage has not been consummated. The Patrice Privilege allows the dissolution of a non-sacramental marriage due to lack of form, if the marriage has been consummated.
Petition for a Decree of Lack of Canonical Form
Description
Definition and meaning
The Petition for a Decree of Lack of Canonical Form is a formal request submitted to a Catholic Tribunal. It is used in situations where at least one party in a marriage was a Catholic and the marriage did not comply with the canonical requirements of the Catholic Church. This petition allows individuals to seek recognition that their previous marriage was invalid under church law, facilitating their ability to enter a new marriage within the church.
Who should use this form
This petition is intended for individuals who have been married outside the Catholic faith without adhering to the canonical form required by the church. It is specifically for those who wish to remarry within the Catholic Church after having divorced a spouse from a previous marriage that lacked proper canonical validation.
How to complete a form
To complete the Petition for a Decree of Lack of Canonical Form, follow these steps:
- Provide all requested biographical information for both the petitioner and the respondent.
- Gather supportive documents including baptismal certificates, affidavits, civil marriage records, and the final decree of divorce.
- Submit the form and documents to a case assistant at your local parish for further processing.
What documents you may need alongside this one
When submitting the petition, the following documents are typically required:
- A recent baptismal certificate for both parties, issued within the last six months.
- Two affidavits from witnesses confirming the marriage's lack of canonical validation.
- An original or certified civil marriage record.
- A final decree of divorce with complete civil documentation.
- A payment of $20 to cover office expenses.
Key components of the form
The form consists of several critical sections including:
- Biographical information about both the petitioner and respondent.
- Details concerning the marriage, including officiants and reasons why a canonical marriage did not occur.
- Information related to any previous marriages and children.
- A declaration statement where the petitioner affirms the truth of the provided information.
Common mistakes to avoid when using this form
When completing the petition, avoid these common mistakes:
- Failing to submit all required documents can delay processing.
- Providing incomplete or inaccurate information may lead to rejection of the petition.
- Not consulting with a case assistant can result in overlooked steps in the submission process.
How to fill out Petition For A Decree Of Lack Of Canonical Form?
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FAQ
This marriage is fully recognized by the Church. However, if a Catholic enters marriage outside of the Catholic Church without the necessary dispensation, (again whether marrying a baptized non-Catholic or a non- baptized person), then the marriage is considered invalid and is not recognized by the Church.
Dispensation is the canonical equivalent of license which, ing to Black's Law Dictionary, is the authorisation to do something which would normally be illegal if the competent authority had not granted permission.
Since the Church's laws promote what is good, a dispensation can only be granted when there are positive reasons to believe that the couple's spiritual good will benefit from the proposed marriage. In other words, it must be apparent that the good of following the law is outweighed by the good of not following the law.
The dispensation from the canonical form can be granted only by the diocese of the place where the Catholic party resides. If the actual marriage is to take place in another diocese, the diocese of the place of the ceremony must be consulted by the dispensing diocese before the dispensation can be validly granted.
The Church requires that a Catholic party must be married before a duly-authorized priest or deacon in the presence of two witnesses. This is called the canonical form of a marriage.
What is a Lack of Canonical Form case? If a Catholic is not married in the presence of a priest or deacon and has not received a dispensation from canonical form, then the Church's required form of marriage has not been followed and the Church does not recognize the union as a valid marriage.
85 A dispensation, that is, the relaxation of a merely ecclesiastical law in a particular case, can be granted, within the limits of their competence, by those who have executive power, and by those who either explicitly or implicitly have the power of dispensing, whether by virtue of the law itself or by lawful
The nullity of marriage due to lack of canonical form (Canon 1108) occurs when a Catholic does not marry before a Catholic priest or deacon and two witnesses.