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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.
In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) [1] is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred.
In the canon law of the Catholic Church, an annulment is properly called a "Declaration of Nullity", because according to Catholic doctrine, the marriage of baptized persons is a sacrament and, once consummated and thereby confirmed, cannot be dissolved as long as the parties to it are alive. A "Declaration of Nullity" is not dissolution of a ...
Canon law (from Ancient Greek: κανών, kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9] This canon law has principles of legal interpretation, [10] and coercive penalties. [11] It lacks civilly-binding force in most secular jurisdictions.
Rescripts have the force of a particular law, i. e. only for the persons concerned; only occasionally, e. g., when they interpret or promulgate a general law, are they of universal application. Rescripts in forma gratiosa are effective from the date they bear; others only from the moment of execution.
Canon 1119 of the 1917 Code of Canon Law [6] stipulated two cases in which a marriage ratum sed non consummatum may be dissolved, [7] namely, (1) if one of the parties takes solemn vows in a religious order [8] or (2) a dispensation is issued by the Holy See.
Suspension (Latin: suspensio) in Catholic canon law is a censure or punishment, by which a priest or cleric is deprived, entirely or partially, of the use of the right to order or to hold office, or of any benefice.