Which of the following are typical grounds for a declaration of nullity of marriage?

• A. Lack of valid consent (error, fraud, deceit, coercion, fear), lack of capacity, impediments at the time of consent, or lack of canonical form.
• B. Mutual desire to annul the marriage.
• C. Death of one spouse.
• D. Failure to have children.

Answer: (A)

The main idea is that a valid marriage requires proper consent under the law, plus the right form and absence of impediments. When any of these elements is defective at the moment the vows are exchanged, the marriage may be null from the start.

Lack of valid consent means the agreement to marry was not truly free or real. If a person marries because of error about the other person or about essential qualities, or because of deceit, coercion, or fear that vitiates free will, the consent isn’t valid. Without valid consent, there is no true marriage.

Lack of capacity refers to not having the ability to undertake the obligations of marriage in a way that the law recognizes. This includes serious mental incapacity or other barriers that prevent a person from understanding or freely taking on the marital bond. Permanently impotent husbands or wives, when impotence prevents the consummation of the marriage, is another recognized form of lack of capacity that can render the marriage null.

Impediments at the time of consent are conditions that prevent a valid marriage from happening. Examples include existing bonds of prior marriage, close familial relationships, or other canonical impediments that render the union invalid if they are present and known at the moment of consent.

Lack of canonical form means the marriage was not celebrated according to the church’s required rite and procedures (for Catholics, without the proper minister and witnesses, unless a dispensation was granted). Without proper form, the marriage is considered invalid.

The other choices don’t fit because they describe situations that either terminate a marriage (death) or are not grounds for declaring nullity (desire to annul, or failure to have children).