The statement issued today by the IVA Movement with respect to the declaration of nullity is confusing a number of important points regarding the difference between divorce and a declaration of nullity. The statement makes reference to problems which arise after some years of marriage. Unless these problems are rooted in situations which existed at the moment of marital consent, they cannot serve as a base for a declaration of nullity, either by the Civil Court or by the Church Tribunal. They could be reasons for separation. The examples cited in the statement issued by the IVA Movement are none other than whims of those persons who no longer wish to shoulder the responsibility of their life choices; divorce rewards these persons for their whims by allowing them to marry another person, after causing undue suffering to their spouses and children.
For its own motives, the IVA Movement has failed to mention that, based on the model which they are proposing for our country, in order for a person to obtain a divorce, there is no need to cite any of the reasons which are mentioned in their statement – in fact there is no need for any reason at all.
The IVA Movement has declared that there exists an agreement between the Church and the State wherein a Church annulment takes precedence over a Civil annulment. This is incorrect. The agreement specifies that precedence is given according to the form of marriage celebrated. If we had to take the case of a couple who are married in the Catholic Church who are seeking to obtain a declaration of nullity: unless they are in agreement over whether to approach the Church Tribunal or the Civil Court, then subsequently precedence is given to the Church Tribunal, in conformity with the joint decision of the couple to marry in Church. However, if the couple agrees to go to the Civil Court, irrespective of the fact that they were married according to the Catholic rite, then the Civil Court will hear their case. Having said that, even after civil proceedings have commenced, if one of the spouses opts for the Church Tribunal, then such proceedings cease. On the other hand, a couple who chooses to marry according to the civil rite, and at a later date has their marriage convalidated by the Catholic Church, are obliged to refer to the Civil Court if they seek a declaration of nullity of their marriage. For reasons of conscience, the party that wishes to live in accordance with his/her faith should also refer to the Church Tribunal.
The intention of the agreement was that spouses, whose marriage in Church is recognized by the State, would not have to incur any additional expenses by pursuing two separate cases in the Church Tribunal and the Civil Court.
It is far from the truth to state that the Church makes any financial gains from the cases which appear before the Tribunal. As can be seen from the pastoral and financial reports which are published annually, the Church subsidizes the Tribunal with nearly half a million Euro per annum. These reports may be downloaded from the website of the Archdiocese.