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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.
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 ...
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]
A defender of the bond (Latin: defensor vinculi or defensor matrimonii) is a Catholic Church official whose duty is to defend the marriage bond in the procedure prescribed for the hearing of matrimonial causes which involve the validity or nullity of a marriage already contracted.
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]
To be considered valid, the marriage required the presence of the parish priest or his deputy authorised by him or the ordinary. And the presence of two or three witnesses. Banns were to be read before the marriage was to take place. For the first time, a record of marriage was to be kept. A liturgical form for marriage was established.
Should the Respondent/Petitioner marriage have been contracted in good faith, if only by the Partitioner, and yet the marriage is invalid, the parties to it must be separated by the ecclesiastical authorities, and the first marriage re-established. However, the invalid marriage would still be a putative marriage. Once the Co-Respondent dies ...
In the canon law of the Catholic Church, a vetitum (Latin for "a prohibited thing") is a prohibition, in the form of a precept, imposed by an ecclesiastical judge on a particular individual, in connection with declaring the nullity of marriage, that prevents them from contracting another marriage, at least until the cause of the nullity of the ...