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FrDavid96
Guest
It all depends on the circumstances.Holly,
Depending on whether he received permission from the bishop or ordinary before marriage, it may or may not be valid. But this would have to be determined by the matrimonial tribunal, so yes, he would have to seek a declaration of nullity.
A petition for an administrative declaration of nullity, based on lack of form, usually does not go to the tribunal as such. It might go to their office (depending on how each diocese handles the procedures for an administrative declaration of nullity), but there’s no actual tribunal convened (ie, no court).
If there is some other issue (or some question or ambiguity, or whatever else), then it would not be resolved by an administrative declaration of nullity, instead it would become a formal case.