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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.
Canon law makes no provision for divorce, but a declaration of nullity may be granted when the proof is produced that essential conditions for contracting a valid marriage were absent—i.e., that the sacrament did not take place due to some impediment.
In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate, [9] and illegitimate children are legitimized by a putative marriage of their parents, as by a valid marriage. [9] Certain conditions are necessary for the marriage contract to be valid in canon law.
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 ...
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]
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]
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.
A biblical canon is a set of texts (also called "books") which a particular Jewish or Christian religious community regards as part of the Bible.. The English word canon comes from the Greek κανών kanōn, meaning "rule" or "measuring stick".