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Having inherited Catholic canon law, England had no formal mechanisms for divorce (as in Catholicism, marriages could be annulled on the basis of preexisting impediments, like consanguinity or impotence, or separations could be obtained). [6] However, divorce may have been unofficially condoned in cases of desertion or adultery. [7]
Although divorce, as known today, was generally allowed in Western Europe after the 10th century, separation of husband and wife and the annulment of marriage were also well-known. What is today referred to as " separate maintenance " (or " legal separation ") was termed "divorce a mensa et thoro" ("divorce from bed-and-board").
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, [1] and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
The banns of marriage, commonly known simply as the "banns" or "bans" / ˈ b æ n z / (from a Middle English word meaning "proclamation", rooted in Frankish and thence in Old French), [1] are the public announcement in a Christian parish church, or in the town council, of an impending marriage between two specified persons.
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 never truly was in the eyes of Catholic theology and matrimonial law.
A divorce could be granted if the married coupled included a Catholic and non-Catholic spouse, where the Catholic spouse wanted the separation in order to marry a Catholic. [11] [12] Divorce in the late Franco period and early transition was available via ecclesiastical tribunals. These courts could nullify marriage for a fee.