Pope reforms Code for a faster, more streamlined process of marriage nullity
Vatican City (AsiaNews) - Just one sentence – and not the twofold ruling required to date - to decide the nullity of a canonical marriage; the bishop as the only judge and who, in some cases, may decide for a faster trial, which will no longer entail heavy legal costs: These are some of the key points of the reform of the canonical process for marriage nullity decided by Pope Francis. The reforms are contained in two "Motu Proprio", entitled "Mitis iudex Dominus Iesus" and "Mitis et Misericors Iesus", made public today, which respectively address to the Code of Canon Law and the Code of Canons of the Eastern Catholic Churches.
Motivated by the fundamental “concern of the salvation of souls," the Pope writes, the reform of the reform responds to some requests made by the Synod on the Family, in particular as regards the speed of the processes for marriage nullity.
While affirming the fact that marriage is "the cornerstone and origin of the Christian family," the Pope writes that the purpose of reform is not to favor the "annulment of marriages, but the speed of the processes." This also for "the huge number of faithful who, while wishing to provide for their own consciences, are too often dissuaded by the Church's juridical structures deemed too distant both physically and morally". The annulment process, therefore, needs be "faster and more accessible" compared to a process that has been "identical for three centuries", since the reform of Benedict XIV.
Under the current reform the role of the bishop is once again central. "In each diocese the judge of first instance for marriage nullity cases, those for which law does not expressively provide an exception, is the diocesan bishop, who can exercise judicial power personally or through others, in accordance with the law" .
He now has the responsibility to appoint "a single judge, in his diocese, who, however, must be a cleric". At the same time however, the bishop "must not completely delegate his judicial function in matrimonial matters to the offices of the curia ".
In addition to the restoring this proximity between the “court and the faithful" with the return to the bishop to his judicial function, the new rules stipulate that "without prejudice to the just and decent remuneration of court workers, the free costs of said procedures must be ensured, so that the Church, in revealing herself as a generous mother to the faithful, in a matter so closely linked to the salvation of souls manifests the gratuitous love of Christ by which we have all been saved”.
The reform also provides for a briefer form of trying nullity cases– in addition to the documentary process already approved and in use – which is to be applied in cases in which the accusation of marital nullity is supported by particularly evident arguments. "At the same diocesan bishop is responsible to judge the causes of nullity of marriage with the shorter process each time the application is made by both spouses or by one of them, with the consent of the other"; or when "circumstances apply to facts and people, supported by evidence or documents that do not require an investigation or a more accurate statement, and make the nullity manifest ". These include "the lack of faith that can generate the simulation of consent or the error that determines the will, the brevity of married life, procured abortion to prevent procreation, the stubborn persistence in an extramarital affair before the wedding or at a time immediately following it, the malicious concealment of infertility or a serious or contagious disease, children born from a previous relationship or imprisonment". It also includes "physical violence inflicted to extort the consent, the lack of use of reason proved by medical documents". If then in the instruction of the cause of nullity of marriage is " a very probable doubt that the marriage was not consummated, "the court can suspend the cause of nullity, complete the investigation in view a dispensation and remit the matter to the Apostolic See, together with the application for dispensation”.
These are elements that prove the nullity of marriage, or its non-existence from the outset. In the Church in fact, as pointed out today by Card. Francesco Coccopalmerio, president of the Pontifical Council for Legislative Texts and member of the Special Committee that studied the reform, there is no such thing as a marriage annulment, that is the annulment of a valid marriage.
Anny appeals against the judgment can now be brought to the Metropolitan See which is the "hallmark of collegiality in the Church" and the last appeal to the Roman Rota remains in place, "in respect of an ancient legal principle, so as to strengthen the bond between the See of Peter and the particular Churches".
The shortening of the time, the Pope said, does not mean that cases of nullity will only be dealt with on an administrative level, the judicial process remains to ensure “maximum protection for the truth of the sacred marriage bond”.
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22/01/2011
