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What is a “Defect of Form” Case?

When it comes to marriage and Catholic annulments, there are many different types of cases that can arise which make the marriage invalid. Keeping up with each of these can be complicated, which is why our team at Catholic Annulment - Another Chance is here to help. We know that going through any type of separation, whether it be a divorce or an annulment, is very emotional and stressful, but we are here to support you every step of the way. We’ll help break down your specific case in detail so you can clearly understand each element that’s necessary to successfully achieve an annulment. In this week’s blog post, we discuss a defect of form case and what it means for those involved.

Catholic Annulment - Another Chance specializes in Catholic annulments. We have the training, skills, experience, and knowledge to help ensure you are able to get an annulment, and we also aim to make the process as stress-free as possible for you. Whether you need help understanding how the Catholic annulment process works, identifying the legal grounds on which your marriage is invalid, finding the appropriate witness, or anything in between, we’ve got you covered. Read this week’s blog post to learn more about what a defect of form case is and reach out today to learn more about Catholic annulments.

“Defect of Form”

In order to understand what a defect of form case is, it’s important to first understand what the law states, which is that marriage is brought about through one of three ways: (1) consent of the bride and groom, (2) legitimately manifested, (3) by those qualified according to the law (bride and groom).

In a defect of form case, the issues arise with the second concern. Defect of form cases scrutinize the manifestation of the exchange of consent. If the consent of one or both of the parties was not legitimately manifested on the couple’s wedding day, then a valid marriage did not occur as everyone presumed, which causes issues in the Catholic Church.

What Does This Mean?

Catholics are bound to follow the proper form of celebration in order for any marriage to be valid. If the marriage is invalid due to a lack of legitimate manifestation of consent, the form may be defective in one of two ways. The first is that the marriage ceremony was celebrated without at least two witnesses, and the second is that the priest, deacon, or layperson who asked for and received the consent of both parties was not duly qualified to do so. If this is the case, a tribunal investigation, called a proceeding regarding a defect of form, will seek to determine if either of these scenarios was operative. Typically, cases that require this type of investigation are quite rare. If it is found that either of these scenarios was operative, the marriage will be declared invalid.

What Are the Ba

If the marriage is declared invalid and the parties wish to continue with a Catholic annulment, they will be required to complete certain steps to receive a declaration of nullity. The requirements are as follows:

  • A petition form which has been submitted by a Catholic or non-Catholic whose former marriage was to a Catholic.
  • Two qualified witnesses who are able to testify that the attempted marriage was never valid.
  • Recent baptismal certificate for the Catholic petitioner.
  • Record of invalid marriage
  • Final decree of civil divorce or civil annulment.

For any questions you may have regarding the requirements for a declaration of nullity, reach out to our team at Catholic Annulment - Another Chance. Our experienced professionals can help ensure you have what you need in the event you go through a defect of form case.

Trust Catholic Annulment - Another Chance Today

The Catholic annulment process can be really difficult and stressful. Not only are you going through an emotional separation, but you also have to navigate all of the legal jargon and documents that come with the Catholic annulment process.

At Catholic Annulment - Another Chance, we know that the process can take a toll, especially if you’re dealing with special circumstances such as a defect of form case. Our team of current and former church judges is here to help you through every step of the Catholic annulment process. Whether you need help collecting documents, finding evidence, understanding the grounds on which your marriage may be invalid, or anything in between, our skilled, knowledgeable professionals will always support you.

To learn more about the Catholic annulment process, defect of form cases, or to schedule a time to speak with our current and former judges, reach out to our team at Catholic Annulment - Another Chance today!