Declaration of Nullity - "Annulment"
What does the Bible say?
Matthew 19: 3 – 9
(3) Some Pharisees approached him, and tested him, saying, “Is it lawful for a man to divorce his wife for any cause whatever?” (4) He said in reply, “Have you not read that from the beginning the Creator ‘made them male and female’ (5) and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’? (6) So, they are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate.” (7) They said to him, “Then why did Moses command that the man give the woman a bill of divorce and dismiss [her]?” (8) He said to them, “Because of the hardness of your hearts Moses allowed you to divorce your wives, but from the beginning it was not so. (9) I say to you, whoever divorces his wife (unless the marriage is unlawful) and marries another commits adultery.”
This is why the Church instituted the declaration of nullity process – to determine if the prior marriage was lawful or not. For a Catholic marriage to be valid (lawful), it is required that following elements are present at the time the spouses say “I do”:
This is why the Church instituted the declaration of nullity process – to determine if the prior marriage was lawful or not. For a Catholic marriage to be valid (lawful), it is required that following elements are present at the time the spouses say “I do”:
- They are capable of giving their consent to marry;
- The spouses are free to marry;
- They freely exchange their consent;
- In consenting to marry:
- They intend to marry for life (Permanent)othey intend the good of each other (Unitive)othey intend to be faithful to one another (Faithful)
- They intend have and raise children – God willing (Procreative)
- Their consent is given in the presence of two witnesses in a Catholic church and before a properly authorized Church minister. Note: a dispensation by the Archbishop can allow a different form.
What does a Declaration of Nullity do?
It addresses the spiritual aspect of marriage. In effect, a declaration of nullity says that at the time of the wedding, there was either something present or something absent that prevented the sacrament from taking place as listed above.
A declaration of nullity does not deny that a marriage took place, or that there once was love or that everything in their marriage was wrong. It does not negate children, nor make them illegitimate.
It is a spiritual determination that, if granted in the affirmative, means the process found that something was present, or something was absent, that prevented the sacrament from taking place in that previous marriage. The affirmative decision then allows that person to remarry in the Church.
For Catholics with a prior marriage outside the Church, the declaration of nullity is based on what is called a “lack of canonical form.” This is a simple matter to resolve.
For Catholics with a prior assumed “valid” marriage (properly sought in the Church), the tribunal process is termed a “formal case” and is more involved.
A declaration of nullity does not deny that a marriage took place, or that there once was love or that everything in their marriage was wrong. It does not negate children, nor make them illegitimate.
It is a spiritual determination that, if granted in the affirmative, means the process found that something was present, or something was absent, that prevented the sacrament from taking place in that previous marriage. The affirmative decision then allows that person to remarry in the Church.
For Catholics with a prior marriage outside the Church, the declaration of nullity is based on what is called a “lack of canonical form.” This is a simple matter to resolve.
For Catholics with a prior assumed “valid” marriage (properly sought in the Church), the tribunal process is termed a “formal case” and is more involved.