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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.
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]
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 ...
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 ...
Part three defines special processes and their special regulations, the process for declaring the nullity of marriage, cases of separation of spouses, process for the dispensation from a marriage ratum sed non consummatum, the process in the presumed death of spouses, and cases for declaring the nullity of sacred ordination. This part also ...
He must be summoned to any trial in which there is question, before a competent judge, of the validity or nullity of a marriage, and any proceeding will be null if he is not duly cited. He must have the opportunity to examine the witnesses, and, orally or in writing, to bring forward whatever arguments may favour the validity of the marriage.
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]
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 ...