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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]
Dignitas Connubii (Instruction to be Observed by Diocesan and Interdiocesan Tribunals in Handling Causes of the Nullity of Marriage), Pontifical Council for Legislative Texts, Libreria Editrice Vaticana, 2005. ISBN 88-209-7681-1. New Commentary on the Code of Canon Law, ed. by John P. Beal, James A. Coriden, and Thomas J. Green, Paulist Press, 2000
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 ...
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]
Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one. It may be granted: (a) in favour of a contemplated marriage or to legitimize one already contracted; (b) in secret cases, or in public cases, or in both; (c) in foro interno only, or in foro externo (the latter
The Tribunal of the Roman Rota has exclusive competence to dispense from marriages ratum sed non consummatum, [2] which can only be granted for a "just reason". [3] This process should not be confused with the process for declaring the nullity of marriage, which is treated of in a separate title of the 1983 Code of Canon Law.
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]
If the impediment to a marriage is a defective consent by one or both parties, a simple renewal of consent removes the impediment and can effect validation. [2] When a couple has received a dispensation, the partners may validate the marriage by a simple renewal of consent according to canonical form as a new act of the will. [5]