What is an annulment, and how is it different from divorce?

An annulment, formally called a declaration of nullity, is a Church judgment that a valid marital bond never arose. Divorce treats a marriage as legally ended, while an annulment examines whether a true marriage existed from the wedding day.

What marriage requires. A valid marriage arises from the free consent of a man and a woman who are capable of marriage and intend what marriage means: a lifelong, faithful union ordered toward the good of the spouses and the procreation and education of children (CCC 1601, 1625-1632). Catholics must also ordinarily marry according to canonical form, before an authorized priest or deacon and two witnesses (Canon 1108). Once a valid sacramental marriage has been consummated, no human power can dissolve it (CCC 1640; Canon 1141).

What a tribunal examines. A diocesan tribunal asks whether something essential was missing when consent was exchanged. Possible grounds include a serious incapacity to assume marital obligations, a grave lack of judgment, force or grave fear, an existing impediment, defective canonical form, or the deliberate exclusion of fidelity, permanence, or openness to children (Canons 1095, 1101, 1103). Marital unhappiness, infidelity after the wedding, separation, or regret does not by itself prove nullity. Later events may provide evidence about what was present from the beginning.

How the process works. One spouse petitions the tribunal and explains the possible ground for nullity. The other spouse has a right to participate. The tribunal gathers testimony, documents, and sometimes expert evaluations. A defender of the bond presents arguments supporting the marriage's validity. The judges may declare nullity only when the evidence gives them moral certainty that the marriage was invalid. Marriage enjoys the favor of law and is presumed valid unless nullity is proven (Canon 1060).

What an annulment does not do. It does not erase the couple's history, declare that they never loved each other, or make their children illegitimate. Children conceived or born of a valid or putative marriage are legitimate (Canon 1137). It also does not assign all moral blame to one spouse. A declaration concerns the validity of consent and the bond, not whether every choice during the relationship was innocent.

A Catholic who is divorced should not attempt another marriage unless the first spouse has died or the Church has declared the prior bond null. Begin by contacting a parish priest or diocesan tribunal. They can explain the documents needed, the possible grounds, and whether a formal tribunal case or a simpler documentary process applies.