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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.
The grounds for annulment are determined by Church authority and applied in ecclesiastical courts. Annulment was known as "divorce a vinculo matrimonii", or "divorce from all the bonds of marriage", for canonical causes of impediment existing at the time of the marriage.
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An annulment of a marriage might result from the appearance of only the spouse who desired freedom to enter upon a new marriage, while the other was apathetic and conniving at the annulment, or at times unable or indisposed to incur expense to uphold the marriage, especially if it required an appeal to a higher court.
The favor of dispensation from a marriage ratum sed non consumatum is an inherently administrative procedure, while the process for obtaining a Declaration of Nullity (often misleadingly termed "annulment") is an inherently judicial one. [15]
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Annulment is not the same as divorce - it is a declaration that the marriage was never valid to begin with. [1] In order for a Catholic marriage to be considered valid - and therefore confirmed as a lifelong covenant and not subject to an annulment - there are some grounds that have to be met. [2]