Curial Department of the Toronto Regional Marriage Tribunal handles two
groups of cases, namely those invalid marriages which are investigated
through the documentary process as well as valid marriages which are
dissolved by a special favour.
Types of invalid marriage cases handled by the documentary process:
Ligamen cases (existence of a previous marriage bond);
of a non-dispensed diriment impediment (ex. a Catholic married a
non-Christian without a dispensation from disparity of cult);
Christian lack of form cases (for Eastern Christians who did not marry
according to their canonical form as required by canon law).
A marriage that is between two baptized persons and consummated (called ratum et consummatum)
can be dissolved by no power except death. However, a marriage in which
one or both of the parties was not baptized, or was not consummated,
can be dissolved by a special grant of the Church.
Types of valid marriages which can request a rescript of dissolution:
Ratum non consummatum: a marriage between two baptized persons that was never consummated;
of the Faith (commonly called Petrine Privilege): at least one of the
parties was not baptized either before or during the entire common life.
This occurs when either the applying party wishes to become Catholic or
at least wishes to marry a Catholic;
both parties were never baptized, the applying party wishes to be
baptized before being married in the Church, and the divorced spouse
does not wish to become baptized nor is he/she willing to live in peace
with the petitioner's faith.
For more information, as
well as contributions for these types of cases, please see the Curial Department Brochure (PDF).