The Rights of Respondents in Marriage Nullity Cases

The Code of Canon Law, which lays out the procedures for investigation of failed marriages, lists a number of times in the nullity process when the respondent may intervene and, in some instances, must be invited to do so.  The following ten rights are explicitly spelled out in the Code:

The Right to be Summoned.  The respondent has the right to be informed when the case is introduced and to participate fully in it.

The Right to Know the Grounds of Nullity.  When the case is formally accepted, the respondent has the right to know the grounds upon which the petitioner is asserting the marriage is invalid.

The Right to Appoint a Procurator/Advocate.  The respondent has the right to be represented before the Tribunal by a qualified Catholic trained in Church Law.  This Procurator/Advocate will act to safeguard the respondent’s rights throughout the process and present a written argument on behalf of the respondent.

The Right to Name Witnesses and Submit Other Forms of Proof.  The respondent has the same rights as the petitioner in naming witnesses who submit evidence in the case.  The respondent is also free to provide the Tribunal with other elements of proof such as correspondence, legal documents, photographs, journal entries, newspaper clippings, etc.

The Right to Know Who Has Testified.  The respondent has the right to be aware of the names of witnesses who have testified in the case, except where “in the prudent opinion of the judge this cannot be done without serious difficulty.”

The Right to Inspect the Evidence After It Has Been Gathered.  The respondent must be allowed--within certain well-defined limits-- to examine the proofs collected during the investigation unless “the judge decides that in order to avoid serious dangers, some part or parts of the acts are not to be shown to anyone” other than Tribunal personnel assigned to the case.

The Right to Propose Additional Items of Proof.  The respondent has the right to present additional documents or name further witnesses at the time the investigative stage of the case is about to close.

The Right to Reply to Pleadings and Observations.  The respondent has the right to propose arguments, through their Procurator/Advocate, in favor of their position regarding the alleged nullity of the marriage.

The Right to be Aware of the Final Judgment.  The respondent has the right to be informed of the final decision, either in favor of the nullity of the marriage, or in favor if its validity.

The Right to Challenge the Judgment.  The respondent has the right either to appeal the final decision to a higher court, or to propose that the decision is invalid because the process was not done properly.

If a respondent chooses “not to testify” after he/she is informed of the case, the respondent will be declared “absent” from the process.  An Advocate will then be appointed to represent the respondent.  The process will continue without the respondent’s participation.  A respondent who changes his/her mind later and decides to participate will be allowed to do so as the Code of Canon Law allows.