Difference between revisions of "Annulment" - New World Encyclopedia

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'''Annulment''' is a procedure for declaring a [[marriage]] null and void. Unlike [[divorce]], it is retroactive: an annulled marriage is considered never to have existed. Annulment can be either a [[law|legal]] or [[religion|religious]] process. Justification for annulment is that there was a defect in the marriage contract, usually due to one party being unable to comply with the terms. Such a situation may involve an existing marriage, or incompetence due to age, [[mental illness]], or some form of coercion, [[fraud]] or the like. Since some religions deny divorce, regarding marriage as a permanent and unbreakable commitment between the two parties, annulment is a way in which marriages that were clearly a mistake and impossible to be successful may be voided without breaking religious law.
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Situations in which annulments are declared are in all cases unfortunate. A marriage is a commitment between two people that begins with the hope of a happy, long-term relationship in which [[love]] and the extension of [[lineage]] arise, are nurtured, and flourish. Marriage is a fundamental unit for human society. Out of marriages, families and communities arise. When marriage fails for whatever reason there is pain and scars that may never heal. Although annulment declares that the marriage was invalid, it does not deny that it took place, and so the parties involved suffer.
  
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==Definition==
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Annulment is the dissolution of a [[marriage]]. The word comes from the [[Latin]] ''annullare'' meaning "to make to nothing."<ref>[http://www.etymonline.com/index.php?term=annul Annul] Etymology Online. Retrieved November 28, 2007.</ref> When annulled, a marriage is declared to have never been valid.
  
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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.
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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.  
  
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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.
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==In Law==
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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. Such circumstances include the following:
  
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== Grounds for annulment ==
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# One spouse was already married to someone else at the time of the marriage;
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# One 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.)
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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:
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# One spouse was under the influence of [[drug]]s or [[alcohol]] at the time of the marriage;
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# One spouse was mentally incompetent at the time of the marriage;
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# Either spouse was already married to someone else at the time of the marriage;
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# If the consent to the marriage was based on [[fraud]] or force;
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# 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.)
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# One spouse was physically incapable to be married (typically, chronically unable to have [[sexual intercourse]]) at the time of the marriage;
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# Either spouse was under the influence of drugs or alcohol at the time of the marriage;
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# 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 second cousins; the legality of such relationship between first cousins varies around the world.
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# Either spouse was mentally incompetent at the time of the marriage;
 
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# If the consent to the marriage was based on fraud or force;
 
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# Either spouse was physically incapable to be married (typically, chronically unable to have [[sexual intercourse]]) at the time of the marriage;
 
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# 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 [[Cousin couple|varies around the world]].
 
 
# Prisoners sentenced to a term of [[life imprisonment]] may not marry.
 
# Prisoners sentenced to a term of [[life imprisonment]] may not marry.
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# Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
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# Concealment (such as one of the parties concealed a drug [[addiction]], prior criminal record, or having a [[sexually transmitted disease]]).
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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.
 
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== Annulment in the Catholic Church ==
 
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{{weasel-words}}
 
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{{main|Annulment (Catholic Church)}}
 
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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|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 culture|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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{{cquote|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 &mdash; although civil laws that recognized both annulments and divorce regard the offspring of a putative marriage as legitimate.
 
  
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An annulment verified by the Catholic Church is independent from obtaining a [[civil law|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.
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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.
  
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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 [[List of Christian denominations|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.
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==In [[religion]]==
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An annulment may also serve to nullify a marriage within its religious context.
  
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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.
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===[[Catholic Church]] ===
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In the case of the [[Roman Catholic Church]], annulment does not bear the same meaning as [[divorce]]. According to Catholic Church teachings, all marriages are permanent and therefore divorce is not an option. A "Declaration of Nullity" is not a dissolution of a marriage, but rather the determination that the marriage was contrary in some way to [[Divine law|Divine Law]] as understood by the Catholic Church. 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, and so questions may arise as to whether that person was able to contract a valid marriage.
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<blockquote>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''</blockquote>
  
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===Reasons for annulment===
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Marriages are declared null ''ab initio'', meaning that the marriage has been essentially invalid from the beginning. 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.
  
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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 [[betrothal|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 marriage]]s.
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Some Catholics therefore worry that their children will be considered [[illegitimacy|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&mdash;although civil laws that recognized both annulments and divorce regard the offspring of a putative marriage as legitimate.
 +
A reason for annulment is called a ''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 [[betrothal|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 marriage]]s.
  
 
Diriment impediments include:
 
Diriment impediments include:
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* [[Consanguinity]]
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* [[Consanguinity]]: the parties are closely related by blood.
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* [[Insanity]] precluding ability to consent
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* The parties were related by marriage or [[adoption]] in a prohibited degree.
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* Not intending, when marrying, to remain faithful to the spouse (simulation of consent)
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* [[Insanity]] precluding ability to consent.
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* 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
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* Not intending, when marrying, to remain faithful to the spouse (simulation of consent).
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* Abduction of the woman, with the intent to compel her to marry (known as ''[[Raptus#Raptus as abduction|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.)
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* 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.
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* Failure to adhere to requirements of [[canon law]] for marriages, such as [[Clandestinity (in Canon Law)|clandestinity]]
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* [[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.)
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* the couple [[Impediment of Crime|killed]] the spouse of one of them in order to be free to marry
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* Failure to adhere to requirements of [[canon law]] for marriages, such as [[clandestinity]]
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* the couple [[Impediment of Crime|committed adultery]], and one of the couple killed the spouse of one of them, in order to be free to marry
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* One or both of the parties have brought about the death of a spouse with the view of entering marriage with each other.
 +
* One of the parties had received sacred orders.
  
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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 [[validation of marriage|valid]].
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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-annullable. 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.  
  
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'''(This following is from the separate article - must be a lot of overlap!)'''
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===Eastern Orthodoxy===
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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.<ref>''Roman Replies and CLSA Advisory Opinions 2000''. "13. Canon 779 - Juridical Status of An Annulment Granted by a Coptic Orthodox Church." F Steven Pedone and James I Donlon (eds). Canon Law Society of America, 2000, pp 39 – 51.</ref>
  
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In the [[Catholic Church]], '''annulment''' is a canonical procedure according to the Church's [[Canon law (Catholic Church)|Canon Law]] whereby an ecclesial tribunal judges whether or not the [[Sacraments of the Catholic Church|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.  
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===Hinduism===
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In [[Hinduism]], marriages may be annulled if one partner's consent was obtained through force. The victim has one year from the end of the force to file claim for the annulment. The victim must also no longer live voluntarily with the aggressor. A man may also seek an annulment if it is revealed that his wife was pregnant by another man before marriage. This claim, too, must occur within one year of marriage.<ref>[http://www.countercurrents.org/gender-marriage031103.htm Women And Hindu Marriage Law] Counter Currents. Retrieved November 28, 2007.</ref>
  
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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.  <blockquote> 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''</blockquote> 
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=== Islam ===
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[[Nikah Mut'ah]], or a fixed time marriage, is a marriage form seen in [[Islam]]. [[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.
  
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==Impediments==
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===Judaism===
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{{main|Canonical impediment}}
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In [[Judaism]], annulments can be obtained for the end of a marriage in which one person is not Jewish. Should both partners be Jewish, the couple must obtain a 'get m'safek,' which is permission for divorce from a rabbinic court.<ref> Who needs a get? The Jewish Life Information Center.</ref>
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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 [[betrothal|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]].
 
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Diriment impediments or grounds for annulment include:
 
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*  [[Consanguinity]]
 
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*  Psychological state precluding ability to consent
 
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*  No intention, when marrying, to remain faithful to the spouse (simulation of consent)
 
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*  No intention, when marrying, to have children
 
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*  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
 
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*  Abduction  with the intent to compel marriage (known as ''[[Raptus#Raptus as abduction|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.)
 
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* Failure to adhere to requirements of canon law for marriages, such as [[Clandestinity (in Canon Law)|clandestinity]]
 
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*[[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
 
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* Undispensed lack of form
 
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==Dispensation==
 
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For just cause, some impediments can be ''dispensed.''  A [[dispensation (Catholic Church)|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 [[validation of marriage|valid]].
 
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==Process==
 
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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 marriage]]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.
 
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An annulment from the Catholic Church is independent from obtaining a [[civil law|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.
 
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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.
 
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==Recognition of the process of annulments by Eastern Orthodox tribunals==
 
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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.<ref>''Roman Replies and CLSA Advisory Opinions 2000'' "13. Canon 779 - Juridical Status of An Annulment Granted by a Coptic Orthodox Church," F Steven Pedone and James I Donlon (eds), Canon Law Society of America, 2000, pp 39 - 51</ref>
 
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== Annulment in New York State ==
 
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The [[cause of action]] for annulment in [[New York|New York State]] is generally [[fraud]] (DRL §140 (e)). There are other arguments; see the Statute.
 
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generally means the intentional deception of the [[Plaintiff]] by the [[Defendant]] in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant's statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by  corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered.
 
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A bigamous marriage (one party was still married at the time of the
 
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second marriage) cannot be annulled &mdash;it is ''void ab initio'' (not legal from its inception). However, either party (as well as certain other parties) can petition the Court with an "Action to Declare the Nullity of a Void Marriage" (DRL §140 (a)). The Court, upon proper pleadings, renders a judgment that the marriage is void. There may be [[effects of marriage]] such as a [[property settlement]] and even [[alimony|maintenance]] if the court finds it equitable to order such relief.
 
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== Multiple annulments ==
 
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*[[Henry VIII of England]] had three<ref>{{cite web | last = | first =| title = The Trial of Sir Thomas More: A Chronology | publisher = University of Missouri-Kansas City School of Law | date = | url = http://www.law.umkc.edu/faculty/projects/ftrials/more/morechrono.html| accessdate = 2007-05-31}}</ref><ref>http://englishhistory.net/tudor/monarchs/cleves.html</ref><ref>http://womenshistory.about.com/library/bio/blbioanneofcleves.htm</ref><ref>http://tudorhistory.org/boleyn/ </ref>of 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]]<ref>http://tudorhistory.org/boleyn/ </ref>, (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]]<ref>http://tudorhistory.org/cleves/</ref> (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.<ref>[http://findarticles.com/p/articles/mi_m2242/is_n1548_v266/ai_16512901 The Politics of Marriage: Henry VIII and his Queens. - book reviews] Contemporary Review,  Jan, 1995  by Michael L. Nash</ref>
 
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== Islam ==
 
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[[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.
 
  
 
==Notes==
 
==Notes==
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<references/>
 
<references/>
  
 
==References==
 
==References==
 +
 +
*Foster, Michael. ''Annulment: The Wedding That Was : How the Church Can Declare a Marriage Null''. Paulist Press, 1999. ISBN 0809138441
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*Jenks, Richard. ''Divorce, Annulments, and the Catholic Church: Healing or Hurtful?''. Haworth Press, 2002. ISBN 0789015633
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*Peters, Edward. ''Annulments And The Catholic Church: Straight Answers To Tough Questions''. Ascension Press, 2004. ISBN 1932645004
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*Vasoli, Robert. ''What God Has Joined Together: The Annulment Crisis in American Catholicism''. Oxford University Press, 1998. ISBN 0195107640
  
 
==External links==
 
==External links==
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All links retrieved July 31, 2023.
  
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*[http://www.newadvent.org/cathen/07695a.htm ''Catholic Encyclopedia'' "Canonical Impediments"]
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*[http://www.newadvent.org/cathen/07695a.htm "Canonical Impediments"] ''Catholic Encyclopedia''.
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*[http://www.newadvent.org/cathen/15256c.htm ''Catholic Encyclopedia'' "Validation of Marriage"]
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*[http://www.newadvent.org/cathen/15256c.htm "Validation of Marriage"] ''Catholic Encyclopedia''.  
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*[http://caselaw.findlaw.com/nycodes/c29/a19.html New York State Domestic Relations Law, Article 9]
 
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Latest revision as of 05:11, 31 July 2023


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Annulment is a procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. Annulment can be either a legal or religious process. Justification for annulment is that there was a defect in the marriage contract, usually due to one party being unable to comply with the terms. Such a situation may involve an existing marriage, or incompetence due to age, mental illness, or some form of coercion, fraud or the like. Since some religions deny divorce, regarding marriage as a permanent and unbreakable commitment between the two parties, annulment is a way in which marriages that were clearly a mistake and impossible to be successful may be voided without breaking religious law.

Situations in which annulments are declared are in all cases unfortunate. A marriage is a commitment between two people that begins with the hope of a happy, long-term relationship in which love and the extension of lineage arise, are nurtured, and flourish. Marriage is a fundamental unit for human society. Out of marriages, families and communities arise. When marriage fails for whatever reason there is pain and scars that may never heal. Although annulment declares that the marriage was invalid, it does not deny that it took place, and so the parties involved suffer.

Definition

Annulment is the dissolution of a marriage. The word comes from the Latin annullare meaning "to make to nothing."[1] When annulled, a marriage is declared to have never been valid.

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.

In Law

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. Such circumstances include the following:

  1. One spouse was already married to someone else at the time of the marriage;
  2. One 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. One spouse was under the influence of drugs or alcohol at the time of the marriage;
  4. One spouse was mentally incompetent at the time of the marriage;
  5. If the consent to the marriage was based on fraud or force;
  6. One 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 second cousins; the legality of such relationship between first cousins varies around the world.
  8. Prisoners sentenced to a term of life imprisonment may not marry.
  9. Concealment (such as 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.

In religion

An annulment may also serve to nullify a marriage within its religious context.

Catholic Church

In the case of the Roman Catholic Church, annulment does not bear the same meaning as divorce. According to Catholic Church teachings, all marriages are permanent and therefore divorce is not an option. A "Declaration of Nullity" is not a dissolution of a marriage, but rather the determination that the marriage was contrary in some way to Divine Law as understood by the Catholic Church. 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, and so questions may arise as to whether that person was able to contract a valid 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 #1629

Marriages are declared null ab initio, meaning that the marriage has been essentially invalid from the beginning. 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.

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. A reason for annulment is called a 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: the parties are closely related by blood.
  • The parties were related by marriage or adoption in a prohibited degree.
  • 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
  • One or both of the parties have brought about the death of a spouse with the view of entering marriage with each other.
  • One of the parties had received sacred orders.

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-annullable. 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.

Eastern Orthodoxy

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.[2]

Hinduism

In Hinduism, marriages may be annulled if one partner's consent was obtained through force. The victim has one year from the end of the force to file claim for the annulment. The victim must also no longer live voluntarily with the aggressor. A man may also seek an annulment if it is revealed that his wife was pregnant by another man before marriage. This claim, too, must occur within one year of marriage.[3]

Islam

Nikah Mut'ah, or a fixed time marriage, is a marriage form seen in Islam. 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.

Judaism

In Judaism, annulments can be obtained for the end of a marriage in which one person is not Jewish. Should both partners be Jewish, the couple must obtain a 'get m'safek,' which is permission for divorce from a rabbinic court.[4]

Notes

  1. ↑ Annul Etymology Online. Retrieved November 28, 2007.
  2. ↑ Roman Replies and CLSA Advisory Opinions 2000. "13. Canon 779 - Juridical Status of An Annulment Granted by a Coptic Orthodox Church." F Steven Pedone and James I Donlon (eds). Canon Law Society of America, 2000, pp 39 – 51.
  3. ↑ Women And Hindu Marriage Law Counter Currents. Retrieved November 28, 2007.
  4. ↑ Who needs a get? The Jewish Life Information Center.

References
ISBN links support NWE through referral fees

  • Foster, Michael. Annulment: The Wedding That Was : How the Church Can Declare a Marriage Null. Paulist Press, 1999. ISBN 0809138441
  • Jenks, Richard. Divorce, Annulments, and the Catholic Church: Healing or Hurtful?. Haworth Press, 2002. ISBN 0789015633
  • Peters, Edward. Annulments And The Catholic Church: Straight Answers To Tough Questions. Ascension Press, 2004. ISBN 1932645004
  • Vasoli, Robert. What God Has Joined Together: The Annulment Crisis in American Catholicism. Oxford University Press, 1998. ISBN 0195107640

External links

All links retrieved July 31, 2023.

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