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In certain circumstances it can be dissolved in cases of Pauline privilege The Church holds the exchange of consent between the spouses to be the indispensable element that "makes the marriage".

The consent consists in a "human act by which the partners mutually give themselves to each other": "I take you to be my wife" - "I take you to be my husband." This consent that binds the spouses to each other finds its fulfillment in the two "becoming one flesh". The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear. If this freedom is lacking the marriage is invalid.

-Catechism of the Catholic Church, 1626-1629 Although an annulment is thus a declaration that "the marriage never existed", the Church recognizes that the relationship was a putative marriage, which gives rise to "natural obligations".

In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate, Certain conditions are necessary for the marriage contract to be valid in canon law.

In the canon law of the Catholic Church, an annulment is properly called a "Declaration of Nullity", because according to Catholic doctrine, the marriage of baptized persons is a sacrament and, once consummated and thereby confirmed, cannot be dissolved as long as the parties to it are alive.

A "Declaration of Nullity" is not dissolution of a marriage, but merely the legal finding that a valid marriage was never contracted.

These differences are very relevant, because they represent the official policy on issues such as forced marriage for instance: if such marriage is classified legally as void - then the state can cancel it even against the will of the spouses; if it is voidable - then the state cannot act in the absence of an application by a spouse even if the state knows the marriage is forced.

Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales).

A difference exists between a void marriage and a voidable marriage .

A void marriage is a marriage which has no legal recognition (was not legally valid in the first place, i.e. Such a marriage is automatically null, although a declaration of nullity is required to establish this.

The process of obtaining a declaration of nullity is similar to an annulment process.




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