Marriage annulment and its causes

4 April 20060 Comments

In this lecture His Holiness Pope Shenouda III addresses the topic of annulment of marriage and its causes, and he explains the difference between divorce and annulment. He explains that divorce means a marriage took place and then the spouses separated, while annulment is considered as if the marriage never happened at all.

Causes of annulment (summary)

Prohibitive kinship and lineage: a warning against marriage among forbidden relatives and a reference to the personal status law tables.
Fraud in essential matters: such as lying or concealing fundamental facts (like virginity or qualifications) that affect acceptance of the marriage.
Coercion: a marriage conducted without genuine consent—materially or morally—is considered void if consent was not freely given.
Insanity or severe mental illness before marriage: if it existed before the contract it prevents proper acceptance of the marriage.
Being bound by another marriage whose tie was not dissolved: like a civil divorce not recognized as dissolving the tie religiously.
Civil marriages where religious rites were not performed: treated as if they did not occur in some cases.
Serious contagious or incurable illnesses: historical examples were mentioned (with regard to time and medicine considered).
Monasticism and priestly ordination: a priest or monk may not marry after ordination, and their marrying nullifies the monastic or priestly state.
Sexual impotence: a man’s or woman’s inability to consummate the marital relationship can be medically examined and is a reason for annulment if inability is proven.

Procedures and handling

Diagnosis and forensic medicine: in cases of sexual impotence the spouses are submitted to forensic medical examination to determine whether the cause is physical or psychological.
Loss of rights upon continuation: if fraud is discovered and one continues conjugal relations, this is considered acceptance and the right to claim annulment is forfeited.
Contemporary practice: the speaker refers to case files in personal status records and differences between traditions of different churches (example: the possibility of declaring annulment in the Catholic Church for certain reasons).

Spiritual and educational dimension (from a Coptic Orthodox faith perspective)
The lecture connects respect for ancient church regulations with the sanctity of marriage as a sacred institution, while emphasizing mercy and practical sense in modern application. The aim is to protect the holiness of the matrimonial covenant, address cases that undermine free will, health, or spiritual legitimacy, while keeping the door of repentance and mercy open.

Brief conclusion
The adopted approach combines legal safeguards with spiritual and ethical considerations, stresses careful examination before pronouncements, and takes human circumstances into account when applying traditional laws.

For better translation support, please contact the center.