Wed - 16 September 2026 - 20:13

Lawyer of the Roman Rota

The matrimonial nullity

General notions

What is commonly, but erroneously, defined as "marriage annulment" is actually a process of "declaration of nullity of marriage": indeed, the Church does not have the faculty to annul a marriage that has been validly celebrated.

Rather, through the process in question, the ecclesiastical Court takes note of the nullity from the origin of the marriage, declaring it due to pre-existing/contextual disabling causes to the marriage consent.

Object of the process of declaration of nullity of marriage is therefore the ascertainment of the existence of obstacles to the establishment of the marriage bond: causes that are required to precede and/or coincide with the wedding (diriment impediments not dispensed, defects of consent, lack of form).