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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 a ratum the valid marriage bond is dispensed from, while in a Declaration of Nullity a marriage is declared to have been null from its beginning. A ratum ends, for a just reason, a marriage that truly is (although never irrevocably and sacramentally "sealed" by consummation) while a Declaration of Nullity juridically declares that a marriage ...
No human power can substitute for this consent. If this freedom is lacking the marriage is invalid. For this reason (or for other reasons that render the marriage null and void) 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.
A cleric's "second review" before nullity can be declared was eliminated. [5] Bishops now have the authority to declare nullity themselves, and in a more efficient manner. [5] The process should be gratis (for free), as long as the tribunal workers can still be paid a just wage. [6] The reforms took legal effect on 8 December 2015. [7]
The reason behind this impediment is explained in the Summa Theologica: [18] "In marriage there is a contract whereby one is bound to pay the other the marital debt: wherefore just as in other contracts, the bond is unfitting if a person bind himself to what he cannot give or do, so the marriage contract is unfitting, if it be made by one who ...
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 baptized". [1]
The Catholic Church holds that marriage is a sacrament creating an indissoluble union between one man and one woman. [4] While the Catholic Church allows for the possibility of separation from a marriage in certain cases, [5] it does not recognize the validity of a subsequent marriage unless a declaration of nullity has been obtained regarding the first marriage [6] or the first spouse is ...
He must be summoned to any trial in which there is question, before a competent judge, of the validity or nullity of a marriage, and any proceeding will be null if he is not duly cited. He must have the opportunity to examine the witnesses, and, orally or in writing, to bring forward whatever arguments may favour the validity of the marriage.