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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.
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.
A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, [1] or an annulment may be required to remove any legal impediment to a subsequent marriage. [2]
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.
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]
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]
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In consequence, children born as a result of a marriage which is found to be void are considered legitimate, and the spouses cannot marry others without first obtaining an annulment by proving its invalidity. If the invalidity is proven, an annulment can be granted. Only marriages which have the appearance of validity are considered putative.