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Marriages are declared null ab initio, meaning that the marriage has been essentially invalid from the beginning. A common misconception is that if a marriage is annulled, the Catholic Church is saying the marriage never took place. The parties to the marriage know that the marriage took place. The Church is saying that the marriage was not valid; the valid marriage is what did not take place.
Some Catholics therefore worry that their children will be considered illegitimate if they get annulments. Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null). Critics point to this as additional evidence that a Catholic annulment is similar to divorce—although civil laws that recognized both annulments and divorce regard the offspring of a putative marriage as legitimate. A reason for annulment is called a diriment impediment to the marriage. Prohibitory impediments (which no longer exist in the Latin Code, CIC83) make entering a marriage wrong but do not invalidate the marriage, such as being betrothed to another person at the time of the wedding; diriment impediments, such as being brother and sister, or being married to another person at the time of the wedding, prevent such a marriage from being contracted at all. Such unions are called putative marriages.
Diriment impediments include:
Consanguinity: the parties are closely related by blood.
The parties were related by marriage or adoption in a prohibited degree.
Insanity precluding ability to consent.
Not intending, when marrying, to remain faithful to the spouse (simulation of consent).
One partner had been deceived by the other in order to obtain consent, and if the partner had been aware of the truth, would not have consented to marry.
Abduction of the woman, with the intent to compel her to marry (known as raptus), constitutes an impediment as long as she remains in the kidnapper's power. (In theory, the abduction of a man also constitutes an impediment, but no man has applied for annulment on these grounds.)
Failure to adhere to requirements of canon law for marriages, such as clandestinity
One or both of the parties have brought about the death of a spouse with the view of entering marriage with each other.
One of the parties had received sacred orders.
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