Prior Bond (Ligamen) Petition
Print out this page and follow these directions while completing the petition form.
Example:
Person A (Petitioner) wishes to be free to enter a Catholic marriage. However, Person A (Petitioner) was married and divorced from Person B (Respondent). Person B had been previously married to Person C (First spouse of Respondent). It was the first marriage for Person B and Person C, and Person C is still alive; the marriage of Person B and Person C is presumed valid. Therefore, the marriage of Person A and Person B is invalid because of the marriage of Person B and Person C
A. Person A (Petitioner) is to submit the following:
- A completed Prior Bond/Ligamen petition form.
- The marriage license for the marriage of Person A and Person B.
- The divorce decree which is signed and dated by the judge for Person A and Person B.
- The marriage license for the marriage of Person B and Person C.
- The divorce decree which is signed and dated by the judge for Person B and Person C.
B. As with all petitions the allegations must be substantiated through acceptable means. The cooperation of Person B and Person C is absolutely necessary in this process. Therefore, the following MUST be established from the testimony of both Person B and Person C whose testimony will be obtained by the Tribunal Office:
- That the marriage of Person B and Person C was the first marriage for both.
- That neither Person B nor Person C was baptized Catholic.
- That both Person B and Person C are still alive.
- That the Catholic Church did not grant a decree of nullity for Person B and Person C.
C. The above states the simplest requirements to the process. However, the Prior Bond/Ligamen petition can be complicated. Following are some problems which will delay the processing of a prior Bond/Ligamen petition or which will require Person A (Petitioner) to file a Formal Church Petition for a Declaration of Nullity:
- A petition is lacking the required current address of Person B and Person C.
- Lack of cooperation from Person B and Person C.
- Missing documents. Although a marriage license and divorce decree are usually public records which can be obtained at the county courthouse where they are recorded, Person A may not know where the documents are recorded.
- Person B has more than one previous marriage.
- Person C was previously married.
- Person C is a baptized Catholic. If Person C is a baptized Catholic and did not marry Person B by the Catholic Church, then the marriage of Person B and Person C would not be considered valid. Thus, the marriage between Person A and B is valid.
- Person C is no longer living.
Please always download forms from the website to ensure that you are using the most current.
If you have any questions or difficulties, email the Metropolitan Tribunal or call 713-807-9286.