Difference between revisions of "Annulment" - New World Encyclopedia
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Annulment is the dissolution of a marriage. This occurs by declaring that the marriage was in fact never valid. 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 August 20, 2007.</ref> | Annulment is the dissolution of a marriage. This occurs by declaring that the marriage was in fact never valid. 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 August 20, 2007.</ref> | ||
| − | 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. | + | 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. |
Annulment can also refer to a mental by which unpleasant thoughts are expunged from the mind.<ref>[http://dictionary.reference.com/browse/annulment Annulment] Dictionary.com Retrieved August 20, 2007.</ref> | Annulment can also refer to a mental by which unpleasant thoughts are expunged from the mind.<ref>[http://dictionary.reference.com/browse/annulment Annulment] Dictionary.com Retrieved August 20, 2007.</ref> | ||
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# If the consent to the marriage was based on fraud or force; | # If the consent to the marriage was based on fraud or force; | ||
# Either spouse was physically incapable to be married (typically, chronically unable to have [[sexual intercourse]]) at the time of the marriage; | # Either spouse was physically incapable to be married (typically, chronically unable to have [[sexual intercourse]]) at the time of the marriage; | ||
| − | # 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 | + | # 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 [[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. | ||
# Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease) | # Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease) | ||
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===Catholic Church === | ===Catholic Church === | ||
| − | 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. | + | 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. |
| − | {{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. | + | {{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''}} |
| − | 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 | + | 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 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. | 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. | ||
| − | 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. | + | 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. |
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. | 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. | ||
| − | A reason for annulment is called a '''diriment impediment''' to the marriage. | + | 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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* 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 | * 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 | ||
| − | 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. | + | 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]]. |
===Eastern Orthodoxy=== | ===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. | + | 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> |
===Hinduism=== | ===Hinduism=== | ||
| − | In Hinduism, marriages may be | + | 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 September 17, 2007.</ref> |
=== Islam === | === Islam === | ||
Revision as of 20:38, 20 September 2007
|
| Family law |
|---|
| Entering into marriage |
| Marriage |
| Common-law marriage |
| Dissolution of marriage |
| Annulment |
| Divorce |
| Alimony |
| Issues affecting children |
| Illegitimacy |
| Adoption |
| Child support |
| Foster care |
| Areas of possible legal concern |
| Domestic violence |
| Child abuse |
| Adultery |
| Polygamy |
| Incest |
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. Annulment can be either a legal or religious term.
Definition
Annulment is the dissolution of a marriage. This occurs by declaring that the marriage was in fact never valid. The word comes from the Latin annullare meaning "to make to nothing."[1]
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.
Annulment can also refer to a mental by which unpleasant thoughts are expunged from the mind.[2]
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 including the following:
- Either spouse was already married to someone else at the time of the marriage;
- 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.)
- Either spouse was under the influence of drugs or alcohol at the time of the marriage;
- Either spouse was mentally incompetent at the time of the marriage;
- If the consent to the marriage was based on fraud or force;
- Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
- 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.
- Prisoners sentenced to a term of life imprisonment may not marry.
- 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.
In Religion
An annulment is a mark of the end of 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. 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.
| “ | 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. 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.
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
- 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.
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.[3]
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.[4]
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.
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 rabinnic court.[5]
Notes
- ↑ Annul Etymology Online. Retrieved August 20, 2007.
- ↑ Annulment Dictionary.com Retrieved August 20, 2007.
- ↑ 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
- ↑ http://www.countercurrents.org/gender-marriage031103.htm Women And Hindu Marriage Law] Counter Currents. Retrieved September 17, 2007.
- ↑ http://www.itim.org.il/bin/en.jsp?enDispWho=CeremonySubTopic^l78&enPage=BlankPage_E&enDisplay=view&enDispWhat=object&enVersion=0&enInfolet=ViewObject_E.jsp&enZone=CeremonySubTopic Who needs a get?] The Jewish Life Information Center. Retrieved September 17, 2007.
ReferencesISBN 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
- Catholic Encyclopedia "Canonical Impediments"
- Catholic Encyclopedia "Validation of Marriage"
- New York State Domestic Relations Law, Article 9
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