Annulment: Difference between revisions

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An '''annulment''' is a declaration that despite all outward appearances, no marriage ever took place.  The declaration does not break an existing sacramental bond; it is judgment that no such bond ever came into existence in the first place.
== Roman Catholic Canon Law ==
=== Lack of Canonical Form ===
For a marriage of a Catholic to be a sacrament, the vows must be received by a minister of the Church in the presence of witnesses [[Norms_for_Marriage#The_Form_of_the_Celebration_of_Marriage|(canons 1108-1123).]]
=== Impediments ===
=== Defect of Consent ===
== Grounds for annulment in secular law ==
== Grounds for annulment in secular law ==
[http://www.divorce-lawyer-source.com/html/law/annulment-grounds.html|Divorce-lawyer-source.com A secular view.]:
[http://www.divorce-lawyer-source.com/html/law/annulment-grounds.html|Divorce-lawyer-source.com A secular view.]:

Revision as of 18:59, 24 April 2011

An annulment is a declaration that despite all outward appearances, no marriage ever took place. The declaration does not break an existing sacramental bond; it is judgment that no such bond ever came into existence in the first place.

Roman Catholic Canon Law

Lack of Canonical Form

For a marriage of a Catholic to be a sacrament, the vows must be received by a minister of the Church in the presence of witnesses (canons 1108-1123).

Impediments

Defect of Consent

Grounds for annulment in secular law

A secular view.:

Lack of capacity for marriage

  • Existing marriage.
  • Legal prohibition against one partner marrying.
    • Under age of consent (varies from place to place).
    • Lack of parental consent for a minor to marry.
  • Force or fear.
  • Mental incapacitation at the time of marriage
    • Temporary or permanent insanity .
    • Intoxication (drugs or alcohol) at the time of the marriage.
  • Impotence (lack of consummation).
  • Incest (whole or half siblings, first cousins, parents, grandchildren, uncles, aunts, and the like).

Some type of fraud

  • Fraudulent statements or actions by the other party.
  • Lack of intention to marry.
  • Deception about identity.
  • Using the marriage for some other purpose (e.g., gaining citizenship or inheritance rights, financial gain).

Annulments in Catholicism