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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]
Matrimonial nullity trial reforms of Pope Francis; ... Banns of marriage; Declaration of Nullity. ... Pontifical Council for Legislative Texts;
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 ...
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]
Dignitas connubii is an instruction issued by the Pontifical Council for Legislative Texts on 25 January 2005 on the discipline to be observed in diocesan and interdiocesan tribunals regarding causes of the nullity of marriage. [1]
voidable marriage: vices of consent, i.e. consent obtained under deception/by misrepresentation of one's personal characteristics, personal past, intentions after marriage, etc., where the deceived spouse discovers after the marriage the deceit (given a very broad interpretation by the courts); and failure to secure the authorization of the ...
A natural marriage, while recognized as valid, is classified as not confirmed (non ratum) and can be dissolved for the sake of the higher good of a person's faith. [ 7 ] If at any time, even after separation, the non-baptized party receives baptism, the marriage becomes sacramental and the "favor of the faith" no longer applies.
It was promulgated in the 16th century by the Council of Trent in the decree called Tametsi. Prior to that time, an unwitnessed exchange of marriage vows was deplored but valid. The decree was enforced only in those regions where it could be proclaimed in the vernacular. [1]