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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 existed.
Grounds for determining a marriage void as against public policy include consanguinity, one of the parties is under the age of sixteen, or that at the time of the marriage either party was already lawfully married. If a marriage was not legally valid, the law says that it never existed. [11]
In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) [1] is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred.
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 ...
Lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity.
P.F v G.O'M (Otherwise G.F) [2000] IESC 81 is an Irish Supreme Court case concerning the grounds of nullity of marriage.The court believe that adultery is not a reason for nullity of the marriage but did serve as a basis for legal separation. [1] The court ruled that "consent" was not undermined where a party to the marriage had concealed ...
Divorce, Nullity and Other Matrimonial Suits; Financial Relief for Parties to Marriage and Children of Family; Protection, Custody, etc., of Children; Miscellaneous and Supplemental; Section 1 sets out the grounds that must be demonstrated before a divorce can be granted.
"A marriage that takes place after the commencement of this Act, not being a marriage that is void, is voidable, where, at the time of the marriage: (a) either party to the marriage is incapable of consummating the marriage; (b) either party to the marriage is: (i) of unsound mind; or (ii) a mental defective;