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In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity,[1] 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,[2] 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.[3]
The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of God.[4] 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.
— Catechism of the Catholic Church (CCC 1629)[5]
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.[6] 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.
- ^ Donovan, Colin B. "Annulment/Decree of Nullity". EWTN. Archived from the original on 22 October 2016.
- ^ "Pope Francis reforms Church law in marital nullity trials". Vatican Radio. 8 September 2015. Archived from the original on 12 March 2016. Retrieved 8 July 2018.
- ^ "Press conference details marriage law reforms". Radio Vatican. 8 September 2015. Retrieved 30 December 2023.
- ^ "Genesis 2:24". Bible Suite by Biblos. Retrieved 22 March 2013.
"That is why a man leaves his father and mother and is united to his wife, and they become one flesh." Additional references: Matt 19:5; Mark 10: 7-8; Eph 5:31.
- ^ Second Edition, Promulgated by Pope John Paul II. Catechism of the Catholic Church. Citta del Vaticano: Libreria Editrice Vaticana. p. 904.
- ^ Pope Francis announces biggest changes to annulment process in centuries, The Washington Post, accessed 8 September 2015