Annulment

Family law
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Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process.

Grounds for annulment

Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including the following:

1. Either spouse was already married to someone else at the time of the marriage;
2. Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age.)
3. Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4. Either spouse was mentally incompetent at the time of the marriage;
5. If the consent to the marriage was based on fraud or force;
6. Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7. The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity," or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8. Prisoners sentenced to a term of life imprisonment may not marry.
9. Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)

The guilty party — the one with responsibility for having caused the defect in the marriage — is ordinarily disentitled to request a declaration of nullity. The victimized spouse may ordinarily apply for innocent spouse relief. The fact that a marriage was a nullity ordinarily does not prevent an innocent spouse from collecting the financial benefits of marriage, such as the rights to community property, spousal support, child support, and equitable contribution to attorney fees for litigation expenses.

Annulment in the Catholic Church

The neutrality of this article or section is disputed. Please see the discussion on the talk page.

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In the case of the Roman Catholic Church, annulment does not bear the same meaning as divorce. Some accuse the Catholic Church of hypocrisy for teaching that all marriages are permanent but providing the means of annulment. The Church attempts to reconcile these two seemingly opposing ideas by understanding that a "Declaration of Nullity" is not a dissolution of a marriage, but rather to determine whether a marriage was a sacrament (valid) or contrary in some way to Divine Law as understood by the Catholic Church. While some may try to use an annulment to get around the "no divorce" rule, that is not the reason the Church gives for the availability of annulment. According to the Church, an annulment affirms the Scriptural basis of divorce and at the same time affirms that in a true marriage, a man and a woman become one flesh before the eyes of God. The Church's teaching on marriage is that it is a Sacrament and that it is only validly contracted by the two individuals, so questions may arise as to whether that person is able to contract a valid marriage. In the Western tradition, the ministers of the marriage are the two individuals themselves, and the priest is a witness for the Church.

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For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. -Catechism of the Catholic Church #1629

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Marriages are declared null ab initio, meaning that the marriage has been essentially invalid from the beginning. Some Catholics therefore worry that their children will be considered illegitimate if they get annulments. Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null). Critics point to this as additional evidence that a Catholic annulment is similar to divorce — although civil laws that recognized both annulments and divorce regard the offspring of a putative marriage as legitimate.

An annulment verified by the Catholic Church is independent from obtaining a civil divorce, although before beginning a process in front of the Ecclesiastical Tribunal, it has to be clear that the marriage community cannot be rebuilt.

If someone has all the signs of being married previously, he or she must get an annulment before entering into a marriage in the Catholic Church, even if the individual was not married in the Catholic Church previously. Catholics acknowledge the indissolubility of marriage for any baptized persons who give themselves freely in the bond of marriage and recognize the marriages of other Christians in most cases. An exception is the so called Pauline privilege: In a case where two non-Christians are married, and one of them becomes a Catholic afterwards, and the other (still non-Christian) partner demands a divorce on that ground, the marriage can be dissolved and the Catholic partner is free to remarry in Church. This is not an annulment as the former marriage is considered as having been valid.

A common misconception is that if a marriage is annulled, the Catholic Church is saying the marriage never took place. The parties to the marriage know that the marriage took place. The Church is saying that the marriage was not valid; the valid marriage is what did not take place.

Reasons for annulment

A reason for annulment is called an diriment impediment to the marriage. Prohibitory impediments (which no longer exist in the Latin Code, CIC83) make entering a marriage wrong but do not invalidate the marriage, such as being betrothed to another person at the time of the wedding; diriment impediments, such as being brother and sister, or being married to another person at the time of the wedding, prevent such a marriage from being contracted at all. Such unions are called putative marriages.

Diriment impediments include:

• Consanguinity
• Insanity precluding ability to consent
• Not intending, when marrying, to remain faithful to the spouse (simulation of consent)
• One partner had been deceived by the other in order to obtain consent, and if the partner had been aware of the truth, would not have consented to marry
• Abduction of the woman, with the intent to compel her to marry (known as raptus), constitutes an impediment as long as she remains in the kidnapper's power. (In theory, the abduction of a man also constitutes an impediment, but no man has applied for annulment on these grounds.)
• Failure to adhere to requirements of canon law for marriages, such as clandestinity
• the couple killed the spouse of one of them in order to be free to marry
• the couple committed adultery, and one of the couple killed the spouse of one of them, in order to be free to marry

Some impediments can be dispensed, in which the Church exempts a couple, prior to the marriage, to the obligation to conform to the canon law. While some relationships can not have the impediment of consanguity dispensed, a marriage can be sanctioned between cousins. This renders the marriage valid, and so non-annulable. Again, if an invalid marriage has been contracted, and the diriment impediment can be removed, a convalidation or sanatio in radice can be performed to make the marriage valid.

(This following is from the separate article - must be a lot of overlap!)

In the Catholic Church, annulment is a canonical procedure according to the Church's Canon Law whereby an ecclesial tribunal judges whether or not the sacrament of marriage in a particular case was entered into invalidly—that is, that the a true union never took place. Annulment is not the ecclesial equivalent of a divorce. Some accuse the Catholic Church of hypocrisy for preaching that all marriages are permanent, but providing the means of annulment. The Church reconciles these two seemingly opposing ideas by understanding that a "Declaration of Nullity" is not a dissolution of an existing marriage, but rather a determination that a marriage never existed. While some may try to use an annulment to get around the "no divorce" rule, that is not the reason the Church has a process to declare nullity.

According to the Church, an annulment affirms the Scriptural basis of divorce and at the same time affirms that in a true marriage, a man and a woman become one flesh before the eyes of God. The Church's teaching on marriage is that it is a Sacrament and that it is only validly contracted by the two individuals. Various impediments can render an individual unable to contract marriage.

For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case, the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. -Catechism of the Catholic Church

Impediments

A reason for annulment is called an diriment impediment to the marriage. Prohibitory impediments (which do not exist in the Latin Church), such as being betrothed to another person at the time of the wedding, make entering a marriage illicit but do not invalidate the marriage. Diriment impediments, such as being brother and sister, or being married to another person at the time of the wedding, prevent such a marriage from being contracted at all, the result is a putative marriage.

Diriment impediments or grounds for annulment include:

• Consanguinity
• Psychological state precluding ability to consent
• No intention, when marrying, to remain faithful to the spouse (simulation of consent)
• No intention, when marrying, to have children
• Deception of one party by the other in order to obtain consent, and if the partner had been aware of the truth, would not have consented to marry
• Abduction with the intent to compel marriage (known as raptus), constitutes an impediment as long as she remains in the kidnapper's power. (The abduction of a man constitutes an impediment in the Eastern Church, but oddly not in the Latin church.)
• Failure to adhere to requirements of canon law for marriages, such as clandestinity
• Impediment of Crime, bringing about physically (or through moral cooperation) the death of one's own spouse or the spouse of another, with the intention of marriage
• Undispensed lack of form

Dispensation

For just cause, some impediments can be dispensed. A dispensation relaxes the law in a particular case, prior to the marriage. While some relationships cannot have the impediment of consanguity dispensed (up to the third collateral line), a marriage can be allowed between cousins. This renders the marriage non-annulable on the grounds of consanguinity. If an invalid marriage has been contracted, and the diriment impediment can be dispensed or ceases, a convalidation can take place or sanatio in radice can be granted to make the marriage valid.

Process

Marriages annulled under the Catholic Church are considered as 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 Code of Canon Law specifically affirms the legitimacy of children born in both valid and putative marriages (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.

An annulment from the Catholic Church is independent from obtaining a civil divorce, although before beginning a process before an Ecclesiastical Tribunal, it has to be clear that the marriage cannot be rebuilt. Some countries, such as Italy, allow the annulment process to substitute for the civil act of divorce.

If someone has been married previously, he or she must get 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). Catholics acknowledge the indissolubility of marriage for any baptized persons who give themselves freely in the bond of marriage and recognize the marriages of other Christians in most cases. However the Church may decide not to recognize previous marriages involving Catholics conducted contrary to the Ne Temere requirements.

Recognition of the process of annulments by Eastern Orthodox tribunals

The Code of Canon Law for the Eastern Churches (CCEO) in canon 780 follows the Second Vatican Council's teaching that the tribunals of the Orthodox Church have a valid annulment process to declare a marriage null. Only divine law and merely civil effects of marriage are not considered valid actions by a tribunal. In other words, 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. However, some of the 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 Catholic Church would see this as contrary to divine law, and so not a valid act. The same impediment would exist as with divorce or "dissolution" of a bond (annulment) that is not favor of the faith.

Multiple annulments

• Henry VIII of England had threeof his six marriages annulled. These marriages were to Catherine of Aragon (on the grounds that she had already been married to his brother), Anne Boleyn, (on the grounds that she allegedly seduced him with witchcraft and was unfaithful; not wishing to execute his legal wife, he offered her an easy death if she would agree to an annulment) and Anne of Cleves (on the grounds of non-consummation of the marriage and the fact that she had previously been engaged to someone else). Catherine Howard never had her marriage annulled. She committed adultery with Thomas Culpeper during the marriage, and she flirted with members of his court. Because of this, on November 22, 1541, it was proclaimed at Hampton Court that she had 'forfeited the honor and title of Queen', and was from then on to be known only as the Lady Catherine Howard. Under this title she was executed three months later, although both she and the onlookers believed she died as queen.

Islam

Nikah Mut'ah, or fixed time marriages, is a marriage form seen in Shia. Sunni Muslims deem it abrogated by the Islamic prophet Muhammad, while Shi'a Muslims disagree. Hence, according to Shi'a jurisprudence, it is a legal marriage form. Shi'a view divorce procedures (Arabic: talaq) as a last conflict resolution step in permanent marriages (Arabic: Nikah) before ending it. Shi'a do not engage in any divorce procedures (Arabic: talaq) at the end of the pre-determined period, they just annul the marriage, since there is no conflict to resolve.

External links

• Catholic Encyclopedia "Canonical Impediments"
• Catholic Encyclopedia "Validation of Marriage"
• New York State Domestic Relations Law, Article 9

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