What is marriage nullity in the Catholic Church and why is it not the same as a divorce?

Julieta Levene, an expert in canon law and member of the ecclesiastical court of the Diocese of San Isidro (Argentina), explained the keys to understand what marriage nullity is, how it differs from civil divorce and why pastoral accompaniment in this process is fundamental.

“Marriage nullity is not an ecclesiastical divorce. It is not about dissolving something, but about analyzing whether that sacrament was valid from the beginning,” said Levene in An interview for Ewtn News.

While divorce is a legal solution of the Civil Union according to the laws of each country, the nullity process in the Church examines if there were causes for sacramental marriage to declare invalid.

According to the specialist, this discernment does not depend on the unilateral decision of the parties: “The sacrament is presumed valid, unless proven otherwise through an ecclesiastical judicial process.”

The most frequent causes of nullity

Levene said that the most common cause of nullity is the so -called psychological motifs, collected in Canon 1095 of the Canon Law Code. “That fee refers to discernment prior to marriage: how was courtship, preparation, emotional maturity, awareness about the commitment that was assumed,” he explained.

Among the most frequent examples he mentioned:

• Lack of interior freedom: by pressures such as an unplanned pregnancy, migrations or family problems.

• Affective or psychic immaturity: which prevents assuming marriage obligations.

• Simulation or exclusion: when one of the spouses, when married, had no real intention of fulfilling what he promised.

“Many times, the causes of nullity are not discovered by what happens during the marriage, but are in their origin: in history, in courtship. But they become visible later,” he said.

Pastoral accompaniment and training

10 years after Pope Francis’s reform with Motu Proprio Mild Judge Lord Jesuswhich sought to make the nullity process more accessible, the Church insists on the need to form pastoral agents that can offer a first accompaniment.

“It is important that the dioceses have preliments, guidance, to help those who have doubts. All the faithful have the right to analyze the validity of their sacrament,” Levene recalled.

Within that framework, an asynchronous training course for pastoral agents is being developed, available Through the cebitepal of CELAM. “The course is completely recorded, with classes, testimonies and reading materials. Each can do so at their own pace,” he said.

Julieta Levene concluded by encouraging those who feel concern about their marriage to approach their diocese: “The Church wants to accompany with mercy and truth, not to justify separations, but to illuminate the truth of each story with justice and charity.”

More course information in this link: https://celam.haif.app/Oferta/curso-cebitepal?Y0Dyu6vrXZaKcCy8nQw2HCY1vOXoRD79