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In such a case, the church could issue "a declaration of nullity."
In order to obtain a declaration of nullity, the parties must approach a Catholic diocesan tribunal.
The process of obtaining a declaration of nullity is similar to an annulment process.
However, a declaration of nullity can only be effective if it has been so declared by two tribunals at different levels of jurisdiction.
Of course the widow/er has no succession rights in case of marriage split, divorce or declaration of nullity.
The revised concordat regulated the conditions under which civil effects are accorded to church marriages and to ecclesiastical declarations of nullity of marriages.
If a marriage is void ab initio, then it is automatically null, although a declaration of nullity is required to establish this.
Anne Browne died in 1511, but Margaret Mortimer, from whom he had obtained a declaration of nullity on the ground of consanguinity, was still living.
Because the nullity of the marriage is clear from the circumstances there is no need for a canonical process to issue a Declaration of Nullity.
After his father's death, Johann Adolf turned to the elector of Brandenburg to obtain a declaration of nullity for the sales contract that relinquished Rosenberg.
In the Catholic Church, a declaration of nullity, commonly called an annulment, is a judgement on the part of an ecclesiastical tribunal determining that the sacrament of marriage was invalidly contracted.
A vetitum (Latin, "prohibition") is a prohibition against a particular behavior or action that is affixed to a party who has received a declaration of nullity from a matrimonial tribunal of the Catholic Church.
Church officials explain endlessly that, unlike a divorce, an annulment - or, more accurately, a "declaration of nullity" - is not a judgment on whether a marriage broke down, but on whether there ever was a marriage in the sacramental sense.
Canon law makes no provision for divorce, but a declaration of nullity may be granted when proof is produced that essential conditions for contracting a valid marriage were absent- in other words, that the sacrament did not take place due to some impediment.
And as regards declaration of nullity of marriage the Church could do the same as is evident from the book on the "Anthropology of the Syrian Christians" by Rao Bhadur L. K. Ananthakrishna Ayyar.
A "Declaration of Nullity" is not the dissolution of an existing marriage, but rather a determination that the sacrament was never in fact conferred due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed.
In petitions of divorce, or for declaration of nullity of marriage, the Queen's Proctor may, under direction of the Attorney General, intervene in the suit for the purpose of arguing any question that the court deems expedient to have argued.
If one goes through the entire statutory law of England from 1857 to 1925, it can be seen that the civil law had not specified any ground for declaration of nullity of marriage and those grounds remained the same as those provided under the laws of the Church.
If someone has been married previously and the first spouse is still alive, he or she must get 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).
(2) This House has expressly approved actions for a declaration of nullity as alternative to applications for certiorari to quash, where private law rights were concerned:Wandsworth London Borough Council v. Winder [1985]A.C. 461, 477,per Robert Goff L.J.
A "Declaration of Nullity" is not a dissolution of a marriage, but rather a determination of whether a marriage was valid, or contrary in some way to Divine Law as understood by the Catholic Church or contrary to the prescriptions of canon law regulating marriage.