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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.
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.
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 ...
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.
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]
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.
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]
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 ...