Annulment: Difference between revisions
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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).]] | 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).]] | ||
=== Diriment Impediments === | === 2. Diriment Impediments === | ||
"Diriment impediments" are obstacles that prevent an attempted marriage from being a valid marriage. Some of them are from Church law and can be dispensed by the proper authorities; others are from the natural law or from divine law and cannot be dispensed by any human authority. | "Diriment impediments" are obstacles that prevent an attempted marriage from being a valid marriage. Some of them are from Church law and can be dispensed by the proper authorities; others are from the natural law or from divine law and cannot be dispensed by any human authority. | ||
Revision as of 19:23, 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
1. 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).
2. Diriment Impediments
"Diriment impediments" are obstacles that prevent an attempted marriage from being a valid marriage. Some of them are from Church law and can be dispensed by the proper authorities; others are from the natural law or from divine law and cannot be dispensed by any human authority.
Age
Impotence
Prior bond
Disparity of Religion
Holy Orders
Religious vow of Chastity
Abduction
Murder of partner's spouse
Consanguinity (close blood relationship)
Public propriety
Adoption
Defect of Consent
Incapable of giving consent
Ignorance of the sexual nature of marriage
Error concerning the person
Malicious deceit
Error concerning indissolubility and sacramental dignity
Knowledge or opinion of nullity
Exclusion of the goods of marriage
Conditional consent
Force or fear
Not present during consent
Improper proxies
Vows not translated properly
Grounds for annulment in secular law
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
- Handout on annulment.
- DivorcedCatholic.org: Providing answers and insights for divorced Catholics.