Divorced Catholics who wish to remarry in the Church must first be granted a declaration of nullity, commonly referred to as an annulment. When an annulment is granted, a Church tribunal (a Catholic Church court), declares that the marriage was actually invalid according to Church Law. The marriage lacked at least one of the following essential elements required for a binding union.
The Essential Elements are:
- The spouses are free to marry
- They are capable of giving their consent to marry
- They freely exchange their consent
- In consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children
- They intend the good of each other
- Their consent is given in the presence of two witnesses and before a properly authorized Church minister