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Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. [1] Unlike divorce , it is usually retroactive , meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place.
Annulment respondents can use case law from the Roman Rota to support their defense of marriage. In order to obtain a declaration of nullity, the parties must approach a Catholic diocesan tribunal. Most applications for nullity that are heard by the tribunal are granted because one or both of the parties are judged to have given invalid consent.
This page was last edited on 7 September 2020, at 10:06 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.
At the press conference announcing the reforms, Cardinal Francesco Coccopalmerio, the president of the Pontifical Council for Legislative Texts, emphasized that the church does not decree the "annulment" of a legally valid marriage, but rather declares the "nullity" of a legally invalid marriage. [4]
An annulment of a marriage might result from the appearance of only the spouse who desired freedom to enter upon a new marriage, while the other was apathetic and conniving at the annulment, or at times unable or indisposed to incur expense to uphold the marriage, especially if it required an appeal to a higher court.
The second clause stated that, if the partners getting married were not male and female, then the marriage was void. The third clause states that epilepsy attacks at the time of marriage was no longer a valid reason for annulment. The act only applied to marriages if there had been a marriage ceremony. The act came into force on 1 August 1971. [1]
The grounds for annulment are determined by Church authority and applied in ecclesiastical courts. Annulment was known as "divorce a vinculo matrimonii", or "divorce from all the bonds of marriage", for canonical causes of impediment existing at the time of the marriage.
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment.The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.