Petition for Ecclesiastical Annulment

Marriage Nullity due to the Defect of Canonical Form 

Marriage nullity due to the Defect of form occurs when a baptized Catholic, in an attempt to observe the essential elements of the canonical form (canon 1108) omits one or more elements. The informational provided on the nature of marriage nullity due to nonobservance of the Canonical Form of Marriage also generally applies in the case of marriage Nullity Due to the Defect of Form.

In laymen's terms, "lack" of Canonical Form means that the required form was not present at all.  "Defect" of Canonical Form means that there was some type of form, but in one way or another it was defective (e.g. not having proper delegation).

The Canonical Form applies to only Catholics of the Latin Church (sui iuris) and involves three things:  
• The external exchange of marriage vows by the contracting parties through the approved verbal means or equivalent signs, in person (or by legitimately appointed proxy). 
• The manifestation of marriage consent in the presence of a properly delegated minister or official witness (bishop, priest, deacon or lay person), who actually requests and receives the marital consent from the contracting parties in the name of the Church. 
• The exchange of marriage consent in the presence of two qualified (common) witnesses. 

Marriage invalidity due to the Defect of Form is established if: 
1) The officiating priest, deacon, or lay person lacked the proper faculty or delegation to witness the exchange of marriage contract (e.g. a priest goes to another parish to witness the vows of a couple and does not received the proper delegation from the pastor in writng). Please note that the parochical vicar may NOT give delegation for the parish.  
2) The properly delegated official witness did not request and receive the consent of the parties or received the consent of only one party while another minister (undelegated Catholic or non-Catholic minister) requests and receives the consent of the other party (e.g. a Catholic priest witnesses the vows of a couple in which one of the parties if Jewish or non-Catholic and the non-Catholic minister or Rabbi receives the vows of the couple). 
3) The exchange of marriage vows was omitted altogether in the course of the marriage ceremony.