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1 : the act of annulling: state of being annulled, nullification of marriage
2 : judicial pronouncement declaring a marriage invalid


     
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A. Anyone (Catholic or Non-Catholic) who was previously married and who wants to remarry in the Catholic church
should discuss the circumstances of their former marriage with a priest to determine if an annulment or nullification of
the previous marriage is necessary.

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A. Anyone who marries in the United States must obtain a civil license to legally contract the marriage and cohabitate
with all the privileges the law provides. In most cases, the civil divorce states that the above did take place, but the
contract is severed and each party is free under the law to remarry.    

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The Church views marriage as a covenant for life that cannot be severed. However, some marriages are entered into
without the necessary maturity or full knowledge and ability to keep such a permanent commitment, or without full
free will because of external pressures. Therefore, a person has the right to ask the Church to examine a previous
marriage to see if it was less than what the church views as a valid marriage, a freely chosen commitment between
two mature, knowledgeable and capable adults to enter a covenant of love, for life, with priority to spouse and
children.

A Catholic annulment is a declaration from a diocesan Tribunal that the marriage bond was less than such a
covenant for life because it was lacking something necessary from the very beginning. One or both parties may have
entered the marriage with good will, but lacked the openness, honesty, maturity, fully free choice, right motivation,
emotional stability, or capacity to establish a community of life and love with another person. If an annulment is
granted, then both parties are free to remarry in the Church, however, for pastoral reasons, counseling may be
required prior to marriage in order to prevent the parties involved from repeating mistakes. The legitimacy of the
children is NOT affected in any way. There was an assumption of marriage at the time; therefore the standing of
children is never affected by an annulment.

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A. Although the answer depends on the specifics of your situation, if you are Catholic, or plan to marry in a Catholic
church, you likely will need to have your first marriage declared null. Depending on where you were married and
whether you and/or your ex-spouse were baptized, the matter might be resolved rather simply, or it might take more
examination and work.

As you prepare for your upcoming second wedding, you have probably given a great deal of thought to the
sacredness of marriage. It is that sacredness that the Church¶s marriage policy strives to protect. But while the
Church believes that a valid marriage cannot be dissolved except through death, it also recognizes that what appears
to be a valid marriage is not always so.

The Roman Catholic Church considers a marriage valid when:

 It is celebrated in a ceremony according to Church law;


 Both parties are free to marry each other;
 Each partner intends, from the beginning of the marriage, to accept God's plan for married life as taught by the
Church;
 Each partner has the physical and psychological ability to live out the consent and commitment initially given to the
marriage.
If any of these requirements are lacking from the beginning of the marriage, then the Tribunal, acting as the bishop's
representative, can declare that marriage invalid.

Please note that children of an annulled marriage are still considered legitimate! A civil marriage did exist and the
assumption of a Catholic marriage did exist. The marriage was consummated in good will; therefore children of the
marriage always remain legitimate, even if at a later time that marriage is annulled.

We urge you to contact your pastor or a Church pastoral minister and investigate whether your previous marriage
might be declared null. You should also educate yourself about the annulment process, annulment law and policies.

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 Most annulments are based on canon 1095, psychological reasons. These include a wide range of factors. Some of
them may be misrepresentation or fraud (concealing the truth about capacity or desire to have children for example,
or about an preexisting marriage, drug addiction, felony convictions, sexual preference or having reached the age
of consent)
 Refusal or inability to consummate the marriage (inability or refusal to have sex)
 Bigamy, incest (being married to someone else, or close relatives)
 Duress (being forced or coerced into marriage against one's will or serious external pressure, for example a
pregnancy)
 Mental incapacity (considered unable to understand the nature and expectations of marriage)
 Lack of knowledge or understanding of the full implications of marriage as a life-long commitment in faithfulness
and love, with priority to spouse and children.
 Psychological inability to live the marriage commitment as described above.
 Illegal "Form of Marriage" (ceremony was not performed according to Catholic canon law)
 One/both partners was under the influence of drugs, or addicted to a chemical substance.
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A. You can only apply after your divorce is final. Go to a parish near you and ask for the application form. A priest,
deacon or pastoral staff person will assist you with the process. You do not need to be a member of the parish in
order to apply for an annulment. However, you should apply within the diocese where you live, or where you were
married.

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A. Every baptized Catholic ²no matter what their situation or standing²is always free to attend Mass. Please don¶t
let questions of divorce or marital validity interfere with your regular attendance. If you are divorced and have not
remarried, you may receive the Eucharist (if you are not burdened by a grave sin that requires sacramental
Confession). The same applies for other sacraments. If you have remarried, you would need to have your current
marriage convalidated before receiving Communion, which may involve having your first marriage declared null. If
you are still in your first marriage but it took place outside the Church, should have it convalidated. Your pastor or
another parish staff member can help you begin this process; please contact your parish office for more information.

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A. You are still a member of the Catholic faith community. You can register in your parish and raise your children
Catholic. However, the choice to remarry without having received a declaration of nullity concerning one's prior
marital bond sets a person apart from the Church with regard to full sacramental participation. One cannot receive
Holy Communion when one's lifestyle is not in communion with the teachings of the Catholic faith. Still, there is grace
to be gained through participation in Sunday worship, particularly in the nourishment that comes from God's Word,
the Homily, the Church's devotional piety, coty fellowship, and other aspects of Catholic life.

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A. We assume from your question that you did not receive an annulment in the Church, but only sought a civil
divorce. Since the Church does not recognize the effect of civil divorce, you are still sacramentally married in the eyes
of the Church . Therefore, you do not need to do anything with the Church, though civilly you must be remarried; the
Church would view this period merely as a separation. However, you may want to discuss the matter with your parish
priest and consider having a renewal of your vows within the Church after the civil ceremony.

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A. The length of the marriage does not influence the decision in any way. The only facts considered are factors that
were present at the time when the vows were exchanged.

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Ex-spouses are contacted to protect their rights, but they do not need to consent. They are given the opportunity for
input during the process. The final decision however is always based on an objective evaluation of the the facts at the
time of the vows. Later events merely illustrate behavior patters that were already present in a person at the time of
the marriage vows. The Tribunal understands that the very fact that an ex-spouse tries to prevent an annulment may
spring from the same negative behavior patterns that destroyed the marriage, therefore no attempts need to be made
by the applicant to get the ex-spouse to consent. Since an annulment also gives the ex-spouse the right to remarry in
a Catholic Church, he or she will receive a copy of the annulment decree.?

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