THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

Revisions in the Code of Canon Law by Pope Francis In his motu proprio MITIS JUDEX [15 Aug 2015]

FR ADOLFO N DACANAY, SJDEPARTMENT OF THEOLOGY

ATENEO DE MANILA UNIVERSITY

INTRODUCTION

• The document of Pope Francis introduced three procedural changes that simplified and shortened process.

• The theological doctrine remains: the sacramental marriage is indissoluble. “What God has put together, let no man put asunder.”

• What is modified is the process to determine whether or not God has put this marriage together.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

There are three general grounds on which the validity of the marriage may be challenged— that is, whether God indeed put this partnership together:

• Defect of consent (Art. 36 or psychological incapacity of the family Code was derived from and was based on this.)

• The presence of an impediment as specified by canon law—if the man is ordained, or the man/woman has professed perpetual vows as a religious, if the man and woman are related to each other, or if either or both of them are bound by an existing marriage bond.

• Defective canonical form—a technicality regarding whether or not the solemnizing priest was properly authorized.

INTRODUCTION

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

• This is not the matter of this talk.

• For this technical point in canon law, the petitioner is usually guided by someone from the tribunal (there are guide questions to bring out the “relevant points” in the case, and the tribunal itself will determine the “ground”).

INTRODUCTION

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

The focus points of this lecture based on Pope Francis' revisions in the Code of Canon Law:

• the competent tribunal • the “review” or “appeal” process • the cost

INTRODUCTION

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

1. THE COMPETENT CHURCH COURT

▪ Before 2015, the three possible basis of jurisdiction were: • The place where the marriage was celebrated • The domicile of the respondent • The place where most of the witnesses will be heard

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

• MITIS JUDEX added a fourth possible competent tribunal, namely the domicile of the petitioner.

• This additional provision has made the processing of petitions immensely easier and simpler.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

1. THE COMPETENT CHURCH COURT

2. THE APPEAL

• Before 2015, canon law required that when a petition for nullity is granted, a review by the appeals court is necessary.

• The appeal stage is another long delay, particularly so in the Philippines because there is only one appellate court that processes all the cases in the country.

• After MITIS JUDEX, the aggrieved party who is not satisfied with the affirmative decision of the first instance court [the petition for the declaration for nullity has been granted] has 40 days to appeal. If no appeal is filed within the deadline, then the decision becomes executory and the party or parties can now contract marriage.

▪ The second revision of MITIS JUDEX concerns the review or the appeal.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

• I said party or parties because in some cases, a restrictive clause is attached to the sentence of nullity.

• The restrictive clause: one or the other or both parties may be forbidden to contract anew because of the problems encountered. But of course, the bottom line is that if the first marriage was declared null and void, there is really no reason why the person cannot contract a new marriage.

• The point of the restrictive clause is to warn and alert the prospective partner.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

2. THE APPEAL

3. THE COST

The third and possibly the revision that has the most practical consequence is that the Pope had decreed that this service should be free of charge.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

Manila now does not charge, although petitioners who can afford are asked to make a donation, hopefully a generous donation, and most do.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

3. THE COST

4. CONCLUSION

• How long does the process take?

• There are certain variables of a case that can lengthen or shorten the processing period.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

4. CONCLUSION

• If you submit all the requirements [baptismal certificates of both, dispensations if there were, marriage contract, names and addresses of witnesses].

• If the witnesses, and the respondent especially, submit their statement promptly.

• Sometimes, in fact for most cases, a personality test/psych evaluation is needed. These evaluations are not created equal—some are more helpful, others are not as helpful. The tribunal would suggest “experts” who have proven helpful in the past.

• As in any other court, some judges are able to dispose of their cases more efficiently than others. Not that these judges are indolent, but for most of us, it is a second, or third, or even a fourth job.

THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

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FR ADOLFO N DACANAY, SJ THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

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FR ADOLFO N DACANAY, SJ THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

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FR ADOLFO N DACANAY, SJ THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

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FR ADOLFO N DACANAY, SJ THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

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FR ADOLFO N DACANAY, SJ THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

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FR ADOLFO N DACANAY, SJ THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH

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FR ADOLFO N DACANAY, SJ THE DECLARATION OF NULLITY OF MARRIAGE IN THE CATHOLIC CHURCH