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Nullity of Marriage and Its Causes
Home All Categories Encyclopedias Encyclopedia of Canon Law (Legislative Theology) Personal Status Nullity of Marriage and Its Causes
Personal Status
4 April 20060 Comments

Nullity of Marriage and Its Causes

popeshenoda podcast

متصفحك لا يدعم تشغيل الصوتيات.

⬇️ تحميل المحاضرة

His Holiness Pope Shenouda III explains the difference between divorce and nullity of marriage: divorce means that a marriage was completed and then separation occurred, while nullity is considered as if there had been no marriage at all.

Relative and kinship causes
Among the causes of nullity is the existence of a prohibiting kinship or disqualifying lineage as shown in the personal status tables; for example, the prohibition of marrying the sister of the husband or the sister of the deceased wife.

Fraud and concealment
Fraud in essential matters before marriage (such as a woman being previously married while being represented as a virgin, or hiding essential traits) is a cause for nullity provided that conjugal relations are ceased upon discovery because continuation forfeits the right.

Coercion and lack of consent
Marriage by coercion or material or moral compulsion (family pressure, threats to life, etc.) is null if it is proven that consent was not free.

Insanity and severe psychological illness before the contract
Insanity or a severe psychological illness existing before the contract can be a cause of nullity because the person did not have a proper intent for marriage.

Existing unresolved marital bond (‘ʿirāh’)
If one party is bound by a previous marriage whose bond was not dissolved, the new marriage is null because the first bond remains effective.

Civil marriage without religious rites
A marriage that was performed through civil forms only without completing religious rites is considered null from the Church’s perspective as if it had not occurred.

Serious contagious and incurable diseases
Serious contagious or incurable diseases (historical examples: leprosy, serious tuberculosis) may be considered a cause of nullity if they fundamentally affect marital capacity or the partner’s safety.

Monasticism and priesthood
Monastic vows or ordination to the priesthood forbid marriage after that rank; one who marries after ordination loses his priesthood or monastic status, and conversely for a monk.

Sexual impotence and medical proof
Sexual impotence of one party before marriage (castration, hermaphroditism, physical or psychological inability to perform conjugal relations) is a cause of nullity. Forensic medical reports are presented for examination, distinguishing physical causes from psychological ones. Sometimes the cause is from the woman (such as a very thick hymen or a condition requiring surgery) and the matter is handled medically without scandal.

Spiritual and educational conclusion
The lecture links canonical texts and practical procedures: the goal is to protect the sanctity of marriage and care for the family, applying justice and mercy and providing means for examination, repentance, and preserving the dignity of persons.

For better translation support, please contact the center.

Audio Section Nullity of Marriage Nullity of Marriage and Its Causes
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منشورات ذات صلة

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Canon Law – Kinship as an Impediment to Church Marriage

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Is it permissible for a man to marry his deceased wife’s sister? Is it permissible for a woman to marry her deceased husband’s brother?

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