Declaration of nullity

In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred. A matrimonial nullity trial, governed by canon law, is a judicial process whereby a canonical tribunal determines whether the marriage was void at its inception (ab initio). A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed. The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of God. Various impediments can render a person unable to validly contract a marriage. Besides impediments, marriage consent can be rendered null due to invalidating factors such as simulation or deceit, or due to psychological incapacity. For this reason (amongst others) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. In 2015, the process for declaring matrimonial nullity was amended by the matrimonial nullity trial reforms of Pope Francis, the broadest reforms to matrimonial nullity law in 300 years. Prior to the reforms, a declaration of nullity could only be effective if it had been so declared by two tribunals at different levels of jurisdiction. If the lower courts (First and Second Instance) were not in agreement, the case went automatically to the Roman Rota for final decision one way or another.

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Marriage in the Catholic Church

Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptised". Catholic matrimonial law, based on Roman law regarding its focus on marriage as a free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to the Reformation.

Dispensation (Catholic canon law)

In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases. Since laws aimed at the good of the entire community may not be suitable for certain cases or persons, the legislator has the right (sometimes even the duty) to dispense from the law.

Annulment

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales).