Q. 1. What is the meaning of "Lack of Form" (or "Defect of Form") when one applies for a marriage annulment?

A. 1. In simple English, a "Lack of Form" means that the procedures were not followed. Because the procedures were not followed, those applying for a marriage annulment, may proceed in their application under the "Lack of Form."

"Lack of Form applies to a marriage in which at least one person was a member of the Roman Catholic tradition prior to the wedding which occurred at a (civil or religious) place outside of the Catholic Church without the permission of the Church. If the Catholic Church did not grant that Catholic the favor to marry in this form, then the Church does not recognize his/her marriage as being a valid covenant due to the fact that the couple did not celebrate their wedding according to the official Catholic canonical form." [Source: Roman Catholic Diocese of Lubbock.]

Examples:

The Church requires that a Catholic party must be married before a duly-authorized priest or deacon in the presence of two witnesses. This is called the canonical form of a marriage. If a Catholic is married before a justice of the peace, a civil judge, or a minister of another Christian Church, then the marriage is not considered valid in the eyes of the Church. This is called a lack of form. The Bishop can grant a dispensation from the requirement of canonical form, but it must be done before the wedding.

The priest or deacon must be “duly-authorized” to administer a marriage. This means that the minister must have been given appropriate delegation (loosely, “permission”) to serve as a witness for a marriage. Delegation is usually given by the pastor of the parish where the parties marry. A visiting celebrant must obtain proper delegation, or the marriage is invalid. If a priest or deacon did not have the appropriate delegation prior to witnessing a wedding, then it is considered a defect of form, which invalidates the marriage. Believe me, this does happen.

The party to the marriage in question obtained a dispensation from canonical form by a Bishop. This dispensation was not obtained from the proper Bishop of the Diocese/territory.