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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.
According to the Catholic Church's canon law, the Pauline privilege does not apply when either of the partners was a Christian at the time of marriage. It differs from annulment because it dissolves a valid natural (but not sacramental) marriage whereas an annulment declares that a marriage was invalid from the beginning. [6]
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.
At the press conference announcing the reforms, Cardinal Francesco Coccopalmerio, the president of the Pontifical Council for Legislative Texts, emphasized that the church does not decree the "annulment" of a legally valid marriage, but rather declares the "nullity" of a legally invalid marriage. [4]
Banns of marriage; Declaration of Nullity. ... Faculties of canon law ... Prior to that time, an unwitnessed exchange of marriage vows was deplored but valid. The ...
The Canon Law of Marriage and the Family, by John McAreavey, Four Courts Press, 1997. ISBN 1-85182-356-5. The Invalid Marriage, by Lawrence G. Wrenn, Canon Law Society of America, 1998. ISBN 0-943616-78-6. Canon Law: A Text and Commentary, by T. Lincoln Bouscaren and Adam C. Ellis, Bruce Publishing Company, four editions. Deals with the 1917 ...
He has long been acclaimed as Pater Juris Canonici (Latin: "Father of Canon Law"), a title he shares with his successor St. Raymond of Penyafort. Gratian was the father and the first teacher of the scientia nova which he himself coined: the new canon law or ius novum. Many of his disciples have become highly renowned canonists.
On the other hand, a marriage celebrated in due form between a Catholic and an unbaptized person is invalid unless dispensation has previously been obtained from the competent church authority. [32] Other cases in which a marriage is both illicit and invalid are indicated in canons 1083 to 1094 of the 1983 Code of Canon Law. [33]