<P> If someone has been married previously and the first spouse is still alive, he or she must have received a Declaration of Nullity before entering into a marriage in the Catholic Church, even if neither party in the marriage was Catholic (privilege of faith being separate cases). The Catholic Church treats as indissoluble and valid every marriage when it is the first marriage for both parties . However, the church does not recognise as valid a marriage when one of the parties is Catholic but the marriage was not celebrated before a Catholic priest (unless a dispensation was first obtained). </P> <P> Canon law presumes that all marriages are valid until proven otherwise . Annulment respondents who want to use canon law to defend their marriage against declarations of invalidity have the right to have a competent advocate assisting them . An advocate is like a lawyer . Respondents have the right to read the petition (called libellus, meaning "little book") of the petitioner . The petition must describe, in a general way, the facts and proofs that the petitioner is using as the basis for alleging that parties' marriage is invalid . It is necessary that tribunal judges study the jurisprudence of the Roman Rota, since the rota is responsible to promote the unity of jurisprudence and, through its own sentences, to be of assistance to lower tribunals (Dignitas Connubii, art . 35, citing Pastor bonus, art. 126). Annulment respondents can use case law from the Roman Rota to support their defense of marriage . Roman Rota decisions are available at Msgr . Cormac Burke's website . </P> <P> In order to obtain a declaration of nullity, the parties must approach a Catholic diocesan tribunal . Most applications for nullity that are heard by the tribunal are granted because one or both of the parties are judged to have given invalid consent . In order to give valid consent, the parties must give it freely . They must have a basic understanding of what they are doing and have given some thought and evaluation to their decision to enter marriage (1983 CIC, Canon 1095). They must be capable of fulfilling the promises they make on the wedding day; that is, not suffer from any psychological infirmity (Canon 1095) that will prevent them from giving themselves in a partnership of the whole of life that has as its ends the good of the spouses and the procreation and education of children (canon 1055). They must intend the words that they speak on the wedding day; that is, intend to form a permanent and faithful partnership, open to sexual acts that are procreative (canon 1101). Serious failures in these areas can allow a possible successful application for marriage nullity . There are other reasons that might justify an allegation of invalid consent, such as a serious error concerning the person to whom marriage promises are made (Canon 1097), one party being seriously deceived by the other at the time of the wedding (Canon 1098) or one of the parties being subjected to force or grave fear without which the marriage would not be occurring (Canon 1103). </P> <P> Church tribunals are courts . As with any court, the person bringing the matter before the judges must prove his or her case . Tribunals will advise applicants as to how they can present the evidence necessary to prove a case . Approximately 94% of petitions filed in the United States are granted, and although the United States has only 6% of the world's Catholics, it accounts for 60% of the annulments granted worldwide, leading many to conclude that an annulment is merely the Catholic divorce . Even Pope John Paul II expressed concern over the relative ease with which an annulment can be obtained in the United States . The tribunal judges always have the difficult task of distinguishing those unions that were flawed from the outset from those valid marriages that have broken down ." </P>

How to obtain a declaration of nullity from the catholic church
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