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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.The principal difference between a void and voidable marriage is that, in the case of the former, because it is invalid from the beginning, it can be voided ex-officio; while in the case of the latter it is only the spouse himself/herself who can ask for an annulment (in some cases such as if the spouse is a minor or mentally disabled a third party representative such as a parent, legal guardian or child protective service can start an annulment acting as the legal representative of said spouse).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.Lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity.Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity.A diriment impediment prevents a marriage from being validly contracted at all and renders the union a putative marriage, while a prohibitory impediment renders a marriage valid but not licit. An invalid marriage may be subsequently convalidated, either by simple convalidation (renewal of consent that replaces invalid consent) or by sanatio in radice ("healing in the root", the retroactive dispensation from a diriment impediment).Some impediments may be dispensed from, while those de jure divino (of divine law) may not be dispensed.
Faskh or (kholo) (annulment) doctrine specifies certain situations when a Sharia court can grant her request and annul the marriage.The Roman Pontiff may dispense from a marriage ratum sed non consummatum since, having been ratified (ratum) but not consummated (sed non consummatum), it is not absolutely unbreakable.A valid natural marriage is not regarded as a sacrament, however, if at least one of the parties is not baptized.For annulment, proof is required of the existence of one of these defects, since canon law presumes all marriages are valid until proven otherwise.Canon law stipulates canonical impediments to marriage.
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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).