The Difference Between an Annulment and a Divorce
There is much confusion in society about the difference between an annulment and a divorce. In the Catholic Church if a member has been married and divorced, he or she cannot be married again in the Church unless an annulment has taken place.
When a couple is married in a Church, it is both a sacramental and a legal bond; after the ceremony a marriage license is signed which binds the couple legally. Before a petition for annulment can be filed, a couple must be legally divorced. It is not necessary for both parties to agree to the annulment, but if only one spouse is filing the other must be informed.
Legally, a divorce means that the matrimonial bond has been dissolved, but it is acknowledged that this bond has occured. In both divorce and annulment cases the children are considered legitimate because in the eyes of the law, the marriage did happen.
Why Some Marriage Ceremonies Are Invalid
To understand the meaning of an annulment in the Catholic Church, one must look past the ceremony and the legality of a marriage. Marriage is a sacrament; a covenant that must be entered into freely and with full knowledge and acceptance of what is required in a lifelong commitment of love. There are many reasons why a marriage may be declared invalid, all of which must have been present or have their root cause in circumstances that took place before the marriage. Pre-existing conditions are the cause for a declaration of invalidity.
Some examples may include duress (pregnancy, pressure from outside sources), misrepresentation by one of the parties (concealment of sexual preferences, bigamy, incapacity or unwillingness to have children), refusing to or being unable to consummate the marriage, psychological or emotional inability to fulfill the marriage commitment or one or both parties being under the influence at the time of the ceremony.
The Annulment Process
When a marriage has been legally dissolved, a petition for annulment may be brought before a Church Tribunal; this consists of three priest judges who have studied canon law. The facts are brought before them, they are studied and discussed; two of the priests must affirm the annulment for the marriage to be considered invalid. A petition for annulment must pass affirmatively through two diocesan Tribunals before the decision is made final.
Divorce is the dissolving of an acknowledged marriage; an annulment is the declaration that the marriage was never valid because certain necessary conditions were not met in the first place. Once a marriage has been declared null, a Catholic can marry within the Church again.
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