Annulment

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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 (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