FAQ

How much does a Catholic marriage annulment (so-called “church divorce”) cost?

The costs of a marriage annulment process include several items:

Court fee – set by the competent ecclesiastical (diocesan) tribunal. The amount is not uniform; it depends on the diocese and is usually in the range of three to four thousand Polish zloty.

Expert fees – if an opinion from a psychologist or psychiatrist is required, the cost (also in the range of several hundred zloty, approximately 700) is borne by the petitioner. Not every case requires expert opinions – this mainly applies to cases based on psychological grounds.

Canon lawyer’s fee – if the party uses the assistance of a canonical lawyer. The fee depends on the complexity of the case, the workload, and the scope of assistance (e.g., drafting the petition only, or full representation before the tribunal). Rates vary depending on the law office and region (e.g., the Warsaw Metropolis).

The total cost of the process is therefore individual to each case – in some cases it may amount to approximately four thousand zloty (plus any lawyer’s fee), while in more complex cases requiring additional examination it will be higher.

How long does the process of declaring a marriage null and void take?

Canon law provides that proceedings for a declaration of nullity in the first instance should generally take about one year, with the appellate stage (second instance) taking an additional six months. In practice, however, a church annulment often takes longer. The average duration is about 1.5 to 2.5 years at first instance.

Everything depends on the circumstances of the case and the workload of the particular ecclesiastical tribunal. In larger dioceses (such as Warsaw), where a great number of cases are filed, proceedings may extend to 2–3 years. The duration is also affected by the availability of witnesses and experts, the timeliness of hearings, and any delays related to the appeal. If either party or the Defender of the Bond appeals the first-instance judgment, the case proceeds to the second-instance tribunal, further extending the wait for a final outcome.

What are the most common grounds for a Catholic marriage annulment?

There are two main categories: matrimonial impediments (formal grounds which, by operation of law, render a marriage invalid) and defects of matrimonial consent (circumstances that caused the expressed consent to be invalid).

Impediments include: an existing matrimonial bond (bigamy), close kinship between the parties, one party being underage, lack of the required canonical form, or pre-existing permanent inability to engage in conjugal life (impotence).

Defects of consent include: simulation – when someone pronounces the vows without intending to keep them (e.g., excluding children or fidelity from the outset); serious error or deceit – e.g., concealing essential facts before the wedding (mental illness, addiction, prior commitments); grave fear or duress – when the marriage was entered into under pressure; and psychological incapacity to assume the essential obligations of marriage, caused by serious mental disorders or emotional immaturity existing at the time of the wedding.

In practice, the most commonly encountered grounds are defects of consent (immaturity, personality disorders, addictions, exclusion of children) and certain impediments. Each case is different – a canon lawyer, after reviewing the history of the relationship, will help identify which specific circumstances may constitute recognised grounds for nullity.