An annulment, properly called a Decree of Nullity, is a finding by a Church tribunal that on the day the vows were exchanged at least some essential element for a valid marriage was lacking, such as, one of the parties did not intend lifelong fidelity to the other person or excluded children entirely. Another example would be that one of the parties was incapable of marriage (due to some constitutional weakness, such as mental illness or some psychological condition that prevented making the marital commitment – gross immaturity, homosexuality, etc.). Other common reasons for an annulment are:
- The existence of an impediment, such as a previous marriage or religious vows or a close relationship between the couple (a brother and sister or first cousins). Some of these can be dispensed.
- Psychological incapacity, at the time of the wedding, to assume the duties of marriage; for example, if one of the parties suffers from a serious mental illness that prevents him or her from taking up parental or spousal duties.
- The presence, at the time of the wedding, of an intention contrary to marriage or something essential to marriage; for example, one of the spouses refuses to have children, does not intend to remain faithful to the other spouse, or believes in the possibility of divorce.
- The presence of a future “condition” for marriage, such as one spouse demanding that the other spouse will achieve a certain level of income.
- Psychological immaturity that did not allow one of both parties to understand the true nature of marriage at the time of the wedding. An example would be a teenage couple who hardly knew each other, but who decide to marry because of pregnancy. They have not thought about how they will support each other in marriage, nor do they know each other well enough to make a lifelong commitment.
None of these conditions are assumed. They must be proven. A Decree of Nullity does not dissolve the marriage, it cannot. It is a reasoned judgment that one never existed, and as such is capable of human error. If the tribunal is fastidious to Church law and theology and the couple and their witnesses are honest, the decision can be followed in good-faith, including a new marriage. If someone is abusing the process through deceit, however, it would be a very grave sin for that person. A person who innocently enters a second marriage would not be guilty of sin, but the person who abused the process to fraudulently obtain a decree in order to remarry would commit adultery by remarrying.