Annulment (Catholic Church)
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In the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, a declaration of nullity, commonly called an
annulment Annulment is a legal procedure within Law, secular and Religious law, religious legal systems for declaring a marriage Void (law), null and void. Unlike divorce, it is usually ex post facto law, retroactive, meaning that an annulled marriage is c ...
and less commonly a decree of nullity, and by its detractors, a "Catholic divorce", is an
ecclesiastical tribunal An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred. A matrimonial nullity trial, governed by
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, is a judicial process whereby a canonical tribunal determines whether the
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
was void at its inception (''ab initio''). A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ''
ratum sed non consummatum The term ''ratum sed non consummatum'' ( la, ratified but not consummated) or ''ratum et non consummatum'' ( la, ratified and not consummated) refers to a juridical-sacramental category of marriage in Catholic matrimonial canon law. If a matrimoni ...
'' and an "annulment" in civil law), but rather a determination that
consent Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed. The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of
God In monotheism, monotheistic thought, God is usually viewed as the supreme being, creator deity, creator, and principal object of Faith#Religious views, faith.Richard Swinburne, Swinburne, R.G. "God" in Ted Honderich, Honderich, Ted. (ed)''The Ox ...
. Various impediments can render a person unable to validly contract a marriage. Besides impediments,
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
consent can be rendered null due to invalidating factors such as simulation or
deceit Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight o ...
, or due to psychological incapacity. In 2015, the process for declaring matrimonial nullity was amended by the
matrimonial nullity trial reforms of Pope Francis The matrimonial nullity trial reforms of Pope Francis are the reforms of Catholic canon law governing such trials, made public 8 September 2015. The reforms were effected by two separate apostolic letters from Pope Francis, the motu proprio '' Mit ...
, the broadest reforms to matrimonial nullity law in 300 years. Prior to the reforms, a declaration of nullity could only be effective if it had been so declared by two tribunals at different levels of jurisdiction. If the lower courts (First and Second Instance) were not in agreement, the case went automatically to the
Roman Rota The Roman Rota, formally the Apostolic Tribunal of the Roman Rota ( la, Tribunal Apostolicum Rotae Romanae), and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-r ...
for final decision one way or another.


Reasons for nullity

Certain conditions are necessary for the marriage contract to be valid in canon law. According to and , the Church cannot separate what has been united by God, but with his aid can rule that a marriage has been null since the time of its celebration. Lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity. For annulment, proof is required of the existence of one of these defects, since canon law presumes all marriages are valid until proven otherwise. *Defect of form: If the marriage ceremony is invalid (e.g. two Catholic persons being married outside of the Catholic Church) *Defect of contract: If it was not a marriage that was contracted, such as if there was a defect of intent on either side. This can occur if either party lacked the intent to enter into a lifelong, exclusive union, open to reproduction. In the Church's understanding, the marriage contract can only be between a woman and a man. *Defect of will: Because of "mental incapacity, ignorance, error about the person, error about marriage, fraud, knowledge of nullity, simulation, conditioned consent, force or grave fear". *Defect of capacity: If either party were married to another and thus unable to enter into the contract. Also, certain relationships of blood render the parties unable to enter into contract.


Lack of canonical form

Members of the Catholic Church are required to marry in front of a
priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...
(or
deacon A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the Catholic Churc ...
), and normally with at least one other witness, who can be a layperson. The
priest A priest is a religious leader authorized to perform the sacred rituals of a religion, especially as a mediatory agent between humans and one or more deities. They also have the authority or power to administer religious rites; in particu ...
or
deacon A deacon is a member of the diaconate, an office in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Major Christian churches, such as the Catholic Churc ...
is not the minister of the
sacrament A sacrament is a Christianity, Christian Rite (Christianity), rite that is recognized as being particularly important and significant. There are various views on the existence and meaning of such rites. Many Christians consider the sacraments ...
; the husband and wife are the ministers by exchanging vows, though the cleric presides over the exchange of the vows and any Mass or nuptial liturgical celebration (CCC 1630). If one of the parties is Catholic, but there is a serious reason why the marriage should be celebrated in front of a civil servant or a non-Catholic minister, a dispensation can be granted. If no dispensation was granted and the couple did not observe this law, the marriage is considered invalid. Because the nullity of the marriage is clear from the circumstances there is no need for a canonical process to issue a Declaration of Nullity. The correction of this invalidity requires the couple to exchange their consent according to canonical form (commonly called "convalidation").


Impediments

If one of the parties were prohibited from marrying by a diriment impediment (from the Latin for "interrupting"), the marriage is invalid. Because these impediments may not be known at all, the marriage is called a
putative marriage A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the part ...
if at least one of the parties married in good faith. Diriment impediments include: * One or both parties is below the absolute minimum age of 16 for males and 14 for females * Antecedent and perpetual
impotence Erectile dysfunction (ED), also called impotence, is the type of sexual dysfunction in which the penis fails to become or stay erect during sexual activity. It is the most common sexual problem in men.Cunningham GR, Rosen RC. Overview of male ...
(not to be confused with sterility) *
Ligamen Ligamen is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage. Description ''Ligamen'' comes from the Latin word meaning "bond". The existence of a previous valid marria ...
, or being already married * The situation in which one party is a Catholic and the other has not been baptized (unless a dispensation is granted) * The man was ordained to holy orders * Either party made a public perpetual
vow of chastity Chastity, also known as purity, is a virtue related to temperance. Someone who is ''chaste'' refrains either from sexual activity considered immoral or any sexual activity, according to their state of life. In some contexts, for example when mak ...
in a
religious institute A religious institute is a type of institute of consecrated life in the Catholic Church whose members take religious vows and lead a life in community with fellow members. Religious institutes are one of the two types of institutes of consecrate ...
* Abduction with the intent of marriage (known as ''
raptus {{wiktionary, raptus Raptus is the Latin for "seized", from ''rapere'' "to seize". In Roman law the term covered many crimes of property, and women were considered property. It may refer to: *any literal seizure **confiscation ** robbery ** kidnapp ...
''), is an impediment as long as the person remains in the kidnapper's power *
Impediment of Crime In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Hol ...
, bringing about the death of one's spouse, or the spouse of another, with the intention of marriage *
Consanguinity Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood fr ...
, or close relationship by blood, even if the relationship is only by law *
Affinity Affinity may refer to: Commerce, finance and law * Affinity (law), kinship by marriage * Affinity analysis, a market research and business management technique * Affinity Credit Union, a Saskatchewan-based credit union * Affinity Equity Partn ...
, or close relationship by marriage Some of these laws can be relaxed by a dispensation before the ceremony. For example,
Catherine of Aragon Catherine of Aragon (also spelt as Katherine, ; 16 December 1485 – 7 January 1536) was Queen of England as the first wife of King Henry VIII from their marriage on 11 June 1509 until their annulment on 23 May 1533. She was previously ...
and
Henry VIII of England Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
received a dispensation from the impediment of affinity (Catherine had previously been married to Henry's brother
Arthur Arthur is a common male given name of Brittonic languages, Brythonic origin. Its popularity derives from it being the name of the legendary hero King Arthur. The etymology is disputed. It may derive from the Celtic ''Artos'' meaning “Bear”. An ...
, who died). Henry later based his request for annulment from Catherine (which largely led to the reformation of the Church of England) on the grounds that the dispensation was improperly given in that his father, Henry VII, had pressured the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the ceremonial head of the worldwide Anglican Communion and the diocesan bishop of the Diocese of Canterbury. The current archbishop is Justi ...
into granting the dispensation. The correction of this invalidity after the marriage requires first that the impediment has ceased or has been dispensed, and then a "convalidation" can take place or a ''sanatio in radice'' can be granted to make the marriage valid.


Grounds for nullity

A marriage may be declared invalid because at least one of the two parties was not free to consent to the marriage or did not fully commit to the marriage. Grounds for nullity include: * Simulation of consent; that is, the conscious and positive exclusion at consent by either or both of the contracting parties of one or all of the essential properties or "goods" of marriage: a) exclusivity of the marital relationship; b) the permanence of the marital bond; c) openness to offspring as the natural fruit of marriage (canon 1101§2) * Deliberate deceit about some personal quality that can objectively and gravely perturb conjugal life (canon 1098) * Conditional consent, if the condition at the time of marriage concerns the future, or if it concerns the past or present and is actually unfulfilled (canon 1102) * Force or grave fear imposed on a person to obtain their consent (canon 1103) * A serious lack of the discretion of judgment at consent concerning the essential matrimonial rights and duties mutually to be handed over and accepted (canon 1095 n.2) *Psychic incapacity at consent to undertake the essential obligations of marriage (canon 1095 n.3). According to Canon 1095 a marriage can be declared null only when consent was given in the presence of some grave lack of discretionary judgment regarding the essential rights and obligations of marriage, or of some real incapacity to assume these essential obligations. Pope
Benedict XVI Pope Benedict XVI ( la, Benedictus XVI; it, Benedetto XVI; german: link=no, Benedikt XVI.; born Joseph Aloisius Ratzinger, , on 16 April 1927) is a retired prelate of the Catholic church who served as the head of the Church and the sovereign ...
in his address to the Roman Rota in 2009, echoing words of his predecessor
John Paul II Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
, has criticized "the exaggerated and almost automatic multiplication of declarations of nullity of marriage in cases of the failure of marriage on the pretext of some immaturity or psychic weakness on the part of the contracting parties". Calling for "the reaffirmation of the innate human capacity for matrimony", he insisted on the point made in 1987 by John Paul II that "only incapacity and not difficulty in giving consent invalidates a marriage". Saint
Thomas Aquinas Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known wi ...
stated the unitive and procreative purpose of the marital union.
Pope Paul VI Pope Paul VI ( la, Paulus VI; it, Paolo VI; born Giovanni Battista Enrico Antonio Maria Montini, ; 26 September 18976 August 1978) was head of the Catholic Church and sovereign of the Vatican City, Vatican City State from 21 June 1963 to his ...
affirmed the two purposes are linked within an “inseparable connection” that is an
analogy Analogy (from Greek ''analogia'', "proportion", from ''ana-'' "upon, according to" lso "against", "anew"+ ''logos'' "ratio" lso "word, speech, reckoning" is a cognitive process of transferring information or meaning from a particular subject ( ...
with the human union of a single body and a single soul. The unitive and procreative purpose is denied also in the cases of
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
and also of rape. mentions a link between human creatures of God and their
guardian angel A guardian angel is a type of angel that is assigned to protect and guide a particular person, group or nation. Belief in tutelary beings can be traced throughout all antiquity. The idea of angels that guard over people played a major role in A ...
, who is made of pure spirit without matter.


Process

Marriages declared null under the Catholic Church are considered as void ''ab initio'', meaning that the marriage was invalid from the beginning. Some worry that their children will be considered illegitimate if they get an annulment. However, Canon 1137 of the
1983 Code of Canon Law The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comp ...
specifically affirms the legitimacy of children born in both valid and
putative marriage A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the part ...
s (objectively invalid, though at least one party celebrated in good faith). Critics point to this as additional evidence that a Catholic annulment is similar to divorce; although civil laws regard the offspring of all marriages as legitimate. However, there are some significant differences between divorce and annulment. Divorce is concerned merely with the legal effects of marriage. Annulment, however, is also concerned with the reality of whether or not a true marriage was ever formed. This leads to the second difference. At least in most countries, divorce is always possible. However, not all applications for marriage nullity are granted. An annulment from the Catholic Church is independent from obtaining a
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
annulment (or, in some cases, a
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
). Although, before beginning an annulment process before an
ecclesiastical tribunal An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
, it has to be clear that the marriage cannot be rebuilt. Some countries, such as
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, allow the annulment process to substitute for the civil act of divorce. In many jurisdictions, some of the grounds the Catholic Church recognizes as sufficient for annulment are not considered grounds for a civil annulment. In such cases, the couple will often need to be divorced by the civil authorities to be able to remarry in the jurisdiction. Once the Church annuls a marriage it would generally prefer that the marriage be subsequently annulled by the civil courts. However, should this not prove feasible, a civil divorce is acceptable. If someone has been married previously and the first spouse is still alive, he or she must have received a Declaration of Nullity before entering into a marriage in the Catholic Church, even if neither party in the marriage was Catholic ( privilege of faith being separate cases). The Catholic Church treats as indissoluble and valid every marriage when it is the first marriage for both parties. However, the church does not recognise as valid a marriage when one of the parties is Catholic but the marriage was not celebrated before a Catholic priest (unless a dispensation was first obtained). Canon law presumes that all marriages are valid until proven otherwise. Annulment respondents who want to use canon law to defend their marriage against declarations of invalidity have the right to have a competent advocate assisting them. An advocate is like a lawyer. Respondents have the right to read the petition (called ''libellus'', meaning "little book") of the petitioner. The petition must describe, in a general way, the facts and proofs that the petitioner is using as the basis for alleging that parties' marriage is invalid. It is necessary that tribunal judges study the jurisprudence of the
Roman Rota The Roman Rota, formally the Apostolic Tribunal of the Roman Rota ( la, Tribunal Apostolicum Rotae Romanae), and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-r ...
, since the rota is responsible to promote the unity of jurisprudence and, through its own sentences, to be of assistance to lower tribunals (''Dignitas Connubii'', art. 35, citing ''
Pastor bonus ''Pastor bonus'' (Latin: "The Good Shepherd") is an apostolic constitution promulgated by Pope John Paul II on 28 June 1988. It instituted a number of reforms in the process of running the central government of the Catholic Church. The docume ...
'', art.126). Annulment respondents can use case law from the
Roman Rota The Roman Rota, formally the Apostolic Tribunal of the Roman Rota ( la, Tribunal Apostolicum Rotae Romanae), and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-r ...
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. In order to give valid consent, the parties must give it freely. They must have a basic understanding of what they are doing and have given some thought and evaluation to their decision to enter marriage ( 1983 CIC, Canon 1095). They must be capable of fulfilling the promises they make on the wedding day; that is, not suffer from any psychological infirmity (Canon 1095) that will prevent them from giving themselves in a partnership of the whole of life that has as its ends the good of the spouses and the procreation and education of children (canon 1055). They must intend the words that they speak on the wedding day; that is, intend to form a permanent and faithful partnership, open to sexual acts that are procreative (canon 1101). Serious failures in these areas can allow a possible successful application for marriage nullity. There are other reasons that might justify an allegation of invalid consent, such as a serious error concerning the person to whom marriage promises are made (Canon 1097), one party being seriously deceived by the other at the time of the wedding (Canon 1098) or one of the parties being subjected to force or grave fear without which the marriage would not be occurring (Canon 1103). Church tribunals are courts. As with any court, the person bringing the matter before the judges must prove his or her case; advocates and Tribunals will advise applicants as to how they can present the
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
necessary to prove a case.
An affirmative decision is granted when the majority of Judges reaches the "Moral certainty" that the petitioner proved his case. Moral certainty cannot exist if, objectively speaking, there are probable indications of the contrary in a case, and it differs from other standard of decision (i.e. "beyond reasonable doubt").
Approximately 94% of petitions filed in the United States are granted, and although the United States has only 6% of the world's Catholics, it accounts for 60% of the annulments granted worldwide, leading Bai MacFarlane to suggest that the Church cooperates with the "evil of no-fault divorce".
Pope John Paul II Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
expressed concern over the relative ease with which an annulment can be obtained in the United States. The tribunal judges are tasked with distinguishing those unions that were flawed from the outset from those valid marriages that have broken down.


Numbers

Worldwide, diocesan tribunals completed over 49,000 cases for nullity of marriage in 2006. Over the past 30 years about 55 to 70% of annulments have occurred in the United States. The growth in annulments has been substantial; in the United States, 27,000 marriages were declared null in 2006, compared to 338 in 1968.


Other considerations

Pope John Paul II Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...
and
Pope Benedict XVI Pope Benedict XVI ( la, Benedictus XVI; it, Benedetto XVI; german: link=no, Benedikt XVI.; born Joseph Aloisius Ratzinger, , on 16 April 1927) is a retired prelate of the Catholic church who served as the head of the Church and the sovereign ...
were worried about the ease with which annulments were being granted, especially when premised on ill-defined grounds such as "immaturity or psychic weakness" or "psychic immaturity", an expression of concern that the term "annulment" is being regarded as synonymous with "divorce".
Pope Francis Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013. ...
expressed worries over the fact that probably "half of all marriages are null" in the light of canon law. This observation was one of the reasons for calling an extraordinary synod of bishops on the family in October 2014. Pope Francis later reformed the matrimonial nullity trial process in 2015. A declaration of nullity made by the Catholic Church is distinct from a
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...
divorce. A civil divorce may serve as proof for the
ecclesiastical tribunal An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
that the marriage cannot be rebuilt. In some countries, such as
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, in which Catholic Church marriages are automatically transcribed to the civil records, a Church declaration of nullity may be granted the ''
exequatur An exequatur (Latin, literally "let it execute") is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority. International relations An exequatur is a patent w ...
'' and treated as the equivalent of a civil divorce.


Catholic view of Eastern Orthodox process


Annulments granted by Eastern Orthodox tribunals

The
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; la, Codex Canonum Ecclesiarum Orientalium, abbreviated CCEO) is the title of the 1990 codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic ...
(CCEO), the body of
Eastern Catholic canon law The Eastern Catholic canon law is the law of the 23 Catholic ''sui juris'' (autonomous) particular churches of the Eastern Catholic tradition. Eastern Catholic canon law includes both the common tradition among all Eastern Catholic Churches, now ...
for the
Eastern Catholic Churches The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous (''sui iuris'') particular churches of th ...
, in Canon 780 follows the
Second Vatican Council The Second Ecumenical Council of the Vatican, commonly known as the , or , was the 21st Catholic ecumenical councils, ecumenical council of the Roman Catholic Church. The council met in St. Peter's Basilica in Rome for four periods (or sessions) ...
's teaching that the tribunals of the
Eastern Orthodox Churches The Eastern Orthodox Church, also called the Orthodox Church, is the second-largest Christian church, with approximately 220 million baptized members. It operates as a communion of autocephalous churches, each governed by its bishops via ...
have a valid annulment process to declare a marriage null. If an Orthodox tribunal holds that the marriage was invalid from its inception, that decision would be accepted by a marriage tribunal in the Catholic Church.


Eastern Orthodox economy

Some of the Eastern Orthodox Churches allow a second or third marriage in ''oikonomia'' ("economy"), which is not permitted in the Catholic Church. This concept states that the first marriage was valid and the second is allowed in the
economy of salvation The Economy of Salvation, also called the Divine Economy, is that part of divine revelation in the Roman Catholic tradition that deals with God’s creation and management of the world, particularly his plan of salvation accomplished through the ...
. The Catholic Church would see this as contrary to divine law and therefore invalid. The same impediment would exist as with divorce or "dissolution" of a bond (annulment) that is not in the favor of the faith.


Declaration of nullity of ordination

The term "declaration of nullity" can also apply to cases in which ordinations are invalidly conferred.


Notable Catholic annulments

* The marriage of US Senator
Ted Kennedy Edward Moore Kennedy (February 22, 1932 – August 25, 2009) was an American lawyer and politician who served as a United States senator from Massachusetts for almost 47 years, from 1962 until his death in 2009. A member of the Democratic ...
and his first wife,
Joan Joan may refer to: People and fictional characters * Joan (given name), including a list of women, men and fictional characters *:Joan of Arc, a French military heroine * Joan (surname) Weather events *Tropical Storm Joan (disambiguation), multip ...
, was declared null after Ted claimed he had not been truthful at the time of getting married when he vowed to be faithful to his spouse. *
Joseph Kennedy II Joseph Patrick Kennedy II (born September 24, 1952) is an American businessman, Democratic politician, and a member of the Kennedy family. He is a son of former United States Senator Robert F. Kennedy and Ethel Kennedy, and he is also a nephew ...
's marriage to Sheila Rauch Kennedy was declared null after he claimed lack of mental fitness to enter into the marriage; this annulment was later appealed by Sheila to the Vatican, which overturned the ruling in 2007. *
Eadwig Eadwig (also Edwy or Eadwig All-Fair, 1 October 959) was King of England from 23 November 955 until his death in 959. He was the elder son of Edmund I and his first wife Ælfgifu, who died in 944. Eadwig and his brother Edgar were young ...
, King of the English, had his marriage to Ælfgifu, declared null on grounds that they were too closely related. *
Louis VII of France Louis VII (1120 – 18 September 1180), called the Younger, or the Young (french: link=no, le Jeune), was King of the Franks from 1137 to 1180. He was the son and successor of King Louis VI (hence the epithet "the Young") and married Duchess ...
and
Eleanor of Aquitaine Eleanor ( – 1 April 1204; french: Aliénor d'Aquitaine, ) was Queen of France from 1137 to 1152 as the wife of King Louis VII, Queen of England from 1154 to 1189 as the wife of King Henry II, and Duchess of Aquitaine in her own right from ...
had their marriage declared null by a papal court in 1152 as they were distant cousins, after the birth of two daughters and despite a proclamation by
Pope Eugene III Pope Eugene III ( la, Eugenius III; c. 1080 – 8 July 1153), born Bernardo Pignatelli, or possibly Paganelli, called Bernardo da Pisa, was head of the Catholic Church and ruler of the Papal States from 15 February 1145 to his death in 1153. He w ...
in 1149 that no word could be spoken against their marriage and that it might not be dissolved under any pretext; each would go on to marry closer cousins.


Recent controversies regarding the granting of annulments in Catholicism

Popes Benedict XVI and John Paul II criticized the Catholic Church on the issue of the overuse of annulments to marriage, but Francis made changes to canon law to make it easier to get annulments.Pope Francis Reforms Annulment Process: 9 things to know and share
, Catholic Answers, accessed 8 September 2015
He also asked dioceses to charge no fees for annulments "insofar as possible."Annulment reform seems to cultivate change of culture
Jun 5, 2017 by Dan Morris-Young


See also

* Catholic doctrine regarding the Ten Commandments


References

{{Reflist Annulment Catholic matrimonial canon law Sacramental law Tribunals of the Catholic Church Roman Rota Catholic Church legal terminology