Any person who wishes to enter marriage in the Catholic Church, and who has a former spouse who is living, needs to look at the possibility of a Declaration of Nullity in order to determine that they are free to marry in the Catholic Church. The fact that a couple was married before a Catholic priest and two witnesses does not necessarily guarantee that all the requirements were present to establish a full and valid marriage.
Divorced Catholics may consider remarriage following a decree of nullity, commonly known as an annulment. A Declaration of Nullity is a decision that is made by the Church, which acknowledges that a couple never established the sacred bond of marriage. The Declaration of Nullity process seeks to determine whether or not there was anything that prevented these elements from being present in the relationship, despite the fact that both individuals may have entered the marriage with the best of intentions. A Declaration of Nullity is a religious decision that does not have any civil effect on the relationship or legitimacy of any children born of the union.