Grounds for nullity

The main reasons why a marriage can be annulled or declared null and void by the ecclesiastical court, with some practical cases.

Main reasons and practical examples

The grounds for annulment of a marriage, as widely referred to as inaccurately, are in fact grounds for nullity, and may be different.

For a marriage to be valid it is necessary that the consent be placed between a man and a woman legally able, or not incapacitated by impediments, according to the solemnity provided for by law, that is following the canonical form. The grounds for nullity of marriage therefore concern the lack of canonical form, the presence of impediments not exempted, a defect or failure to consent..

There is a nullity for lack of form when, in the presence of the need for delegation by the competent parish priest or ordinary, this has not been formally requested or has been requested but not granted. This hypothesis can occur when, for example, the marriage is celebrated in a church other than one’s own parish or by a priest who is not the parish priest and lack the requested delegations.

The impediments are those prohibitions, legislatively provided for, that prevent the exercise of the right to marriage. They may be dispensable by the competent authority or not. A marriage concluded in the presence of impediments not waived is invalid. The impediments provided for are different, a comprehensive overview goes beyond the basic indications of this page, among the most common ones can remember impotence (impotentia coeundi), to be understood as the inability to maintain conjugal physical intimacy, both by the man and the woman, that is prior to marriage; the impediment of prior bond, that is the prohibition of marriage for those who are already bound by prior and valid marital bond; another impediment is that of disparity of cult or worship, or the prohibition of marriage between two persons, one of whom is baptized in the Catholic Church and not separated from it by formal act, and the other not baptized. Other grounds may include consanguinity or affinity, criminal conduct, and other more complex situations; for further information, please contact the firm.

On the other hand, with regard to vices of consent, again purely by way of example, one can mention:

• the placing of conditions on consent to marriage, mental reserve and simulation when one or both spouses decide before they marry not to fulfil their obligations or not to exercise their matrimonial duties;
• the simulation, that is, the exclusion by one or both spouses of the essential aims of religious marriage, such as procreation, fidelity and indissolubility of the marriage bond. These assumptions are used when, for example, one of the spouses decides before marriage not to have children in perpetuity or temporarily; when one of the spouses decides, always before marriage, not to be faithful, carrying on, for example, an adulterous relationship from before marriage;
• the error on the person or on the physical identity of the spouse or a specific quality of him. It is when one has fallen into error on a quality of the spouse considered of particular importance, such as the possession of certain academic or moral qualities;
• physical violence or fear, which one has when for example one feels forced to marry in order not to suffer unpleasant consequences such as the end of relations with one’s family of origin;
• the malice, or the deception of one of the spouses to obtain their consent to a quality that could compromise married life. This is the case of those who have been about the infertility or a serious illness of their spouse.

Among the reasons now widespread are the causes of psychic nature that have limited the ability of the spouse to understand or fulfill the rights and duties of marriage. These causes, more frequent than one might think, include for example severe forms of immaturity, narcissism or parental dependence. External factors such as an unexpected pregnancy or being subjected to threats or deception can also have a decisive influence on these conditions. SAs these scenarios vary greatly, if you believe your marriage may be invalid, we recommend contacting our firm for further information or clarification.