Annulment / Invalid marriage

An annulment or declaration of nullity of a marriage is a statement by the Catholic Church in which it declares the marriage invalid because there were some essential requirements missing at the time of the marriage preventing a valid marriage bond from being formed.

An annulment does not mean that no marriage took place, but only implies that the marriage that took place was invalid.

Following are some of the factors that make a marriage invalid:

• Presence of any impediments (Something that invalidates the marriage)
  
  
  1. Age: 16 years for boys and 14 years for girls (according to the church); however, the marriageable age should conform to the State's laws also.
  2. Previous bonds: Already married
  3. Sacred orders/vows
  4. Impotence of either person, either physical or psychological
  5. Abduction/forced marriage
  6. Murder of one of the spouses so the murderer can marry the other spouse.
  7. Consanguinity (blood relationship; relationship until the 4th degree is not allowed; in civil law, it is until 2nd degree.)
  8. Affinity (Relationship created through marriage; A person cannot marry his daughter-in-law (his son's wife) even if his son is dead.)
  9. Misrepresentation or Fraud, which includes:
     - Claiming that one has a quality that one does not have
     - Hiding material facts or information
  
  
• Defective consent
  
  
  1. Psychic disorder
  2. Lack of due discretion (The person has no idea of the nature of marriage; no knowledge that marriage is a life-long commitment; No awareness of marital obligations.)
  3. Lack of canonical form (public form): The marriage was not celebrated officially in a church and in the presence of witnesses.

In cases where only a civil marriage took place, it can be rectified (ratified) by a similar ceremony in the church (con-validation). It can be annulled/dissolved by a civil procedure.

A decree of annulment is issued by the Bishop after careful enquiries and verifications by diocesan authorities.

Which tribunal has competence?

The diocesan tribunal at any of the following locations:

• Place of residence
• Place of marriage
• In the native place of either spouse

Copyright © 2005, SyroMalabar.com.  All rights reserved.