Roman Catholic Marriage Tribunals
Do Not Engage In Arbitration

A Statement by

The Archdiocese of Toronto

 In view of inaccurate statements that have recently been appearing in the media, the Archdiocese of Toronto is issuing the following statement on what Roman Catholic marriage tribunals do and what they do not do. The Archdiocese of Toronto participates with other Dioceses in the Regional Marriage Tribunal.  That Tribunal, in accord with Canon Law, seeks to determine on the basis of the available evidence whether or not a marriage was, from its outset, a sacramentally valid marriage.  Decisions of that Tribunal are then reviewed by the Canadian National Tribunal.   If the decision is that the marriage was not sacramentally valid, a decree of nullity is issued. This, in turn, is key to the determination of whether the parties are free to marry in the Roman Catholic Church. Children who have been born are deemed to be legitimate, whatever the outcome of the Tribunal process.  Both parties are urged to fulfill their responsibilities to those children. Roman Catholic Marriage Tribunals apply Canon Law internally and do not engage in the civil determination of matters such as custody of children, support payments, division of property, descent and inheritance, or any other matter which would be covered under the Ontario Arbitration Act.  The Tribunal process is not finalized until a civil divorce, with all of its court directed provisions, has been obtained.  Neither party can deny participation in the Tribunal process to the other.  One party may refuse to take part; if so, he or she will be declared “absent”.  The Tribunal would then no doubt have less evidence before it.  The Tribunal would, however, go forward with the process on the basis of the evidence available.  Canon Law with respect to Catholic marriage affirms essential principles.  There must be free consent.  There must be psychological capacity and maturity to understand and undertake the commitment of marriage.  There must be the full understanding that this is a lifelong commitment which will be a bond of unity between the spouses and which will be open to cooperation with God in the creation, nurturing and education of children to adulthood.  There must be a loving commitment on the part of each to the full human dignity and respect due to the other.  There must be no coercion or deception or nondisclosure of essential information.  Where one or more of these is absent, there may be grounds for nullity. The Roman Catholic Church is a global Church; the faithful include people of a vast number of nations, cultures and customs.  The Toronto Regional Marriage Tribunal has direct experience of this in the diverse and multicultural reality which is Southern Ontario.

It is Catholic principle and practice that the Church affirms essential principles.  Specifics of the arrangement of matters such as custody of minor children, descent and inheritance, support and property division are matters, both for the agreement of the parties within their own freely-held social and cultural values, and for the determination, in the light of the particular circumstances of the parties, of the secular Courts of the country and jurisdiction in which they live.  This, in turn, should be approached with primary attention to the best interests of any children, to justice and to peace between persons.