In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, 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 matrimonial nullity trial, governed by canon law, is a judicial process whereby a canonical tribunal determines whether the marriage 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 and an "annulment" in civil law), but rather a determination that consent 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. Various impediments can render a person unable to validly contract a marriage. Besides impediments, marriage consent can be rendered null due to invalidating factors such as simulation or deceit, 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 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 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. The 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 (or deacon), and normally with at least one other witness, who can be a layperson. The priest or deacon is not the minister of the sacrament; 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 if at least one of the parties married in good faith.