Breaking: Papal Motu Proprio makes annulment process shorter and simpler by delegating decisions to bishops

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lizardley said:
Breaking: Papal Motu Proprio makes annulment process shorter and simpler by delegating decisions to bishops.

Report here: sconews.co.uk/news/46977/pope-simplifies-annulment-process/

Pope Francis’ Motu Proprio on annulment process in full here:

sconews.co.uk/news/46971/papal-motu-proprio-makes-annulment-process-shorter/
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The link to the Scottish Catholic Observer gives a text that looks suspiciously like an uncorrected computer translation. On the Holy See website the Motu proprio is available, so far, in Latin and Italian only.

w2.vatican.va/content/francesco/en/events/event.dir.html/content/vaticanevents/en/2015/9/8/nullitacceo.html
 
That is correct, the translations of both the Mitis Iudex Dominus Iesus, The Meek Judge, The Lord Jesus, and Mitis et misericors Iesus, The Meek and Merciful Jesus, on The Scottish Catholic Observer website are not official Vatican ones but certainly get a clear picture of the sentiment of Pope Francis’ Motu Proprios across.
 
I’m pretty stoked about this. I’m beginning RCIA this Thursday and have planning on getting an annulment. Glad to hear that the process will be easier, less expensive, and will probably save a lot of headache, as it potentially will make what could be a “not-too-nice” process between my ex and I less painful. Our marriage didn’t end all too amicably, and the wounds have healed well, and I don’t feel much like re-opening them.

I’m currently with someone, and we have plans for marriage, but not until after the RCIA process is done, and this should help speed things along.

Good fortune for me. I won’t be so bold as to take this as a sign that my road into The Church is becoming more apparent (I’m not THAT important :p), but it certainly makes me feel better.
 
Not all will have that shorter process:
Mgr Alejandro Bunge, secretary of the commission and a member of the Roman Rota, said the new processes are motivated by recognition of the church as a “field hospital,” as Pope Francis has described it. “For those who have special injuries — a marriage null from the beginning — we will have intensive care” in the form of more rapid annulment procedures.
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While many marriage cases will continue to require time in order to arrive at the truth, he said, the longer procedure will be reserved to those cases in which it is not obvious that the marriage was null from the beginning and in which the couple does not agree that a real marriage never existed.
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catholicherald.co.uk/news/2015/09/08/pope-issues-major-marriage-annulment-reforms/
 
NilDesperandum said:
I’m pretty stoked about this. I’m beginning RCIA this Thursday and have planning on getting an annulment. Glad to hear that the process will be easier, less expensive, and will probably save a lot of headache, as it potentially will make what could be a “not-too-nice” process between my ex and I less painful. Our marriage didn’t end all too amicably, and the wounds have healed well, and I don’t feel much like re-opening them.

I’m currently with someone, and we have plans for marriage, but not until after the RCIA process is done, and this should help speed things along.

Good fortune for me. I won’t be so bold as to take this as a sign that my road into The Church is becoming more apparent (I’m not THAT important :p), but it certainly makes me feel better.
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Best of luck! I was terrified of the annulment process but since mine was a civil marriage it was very quick and easy (1 week). I hope everybody can be given a second chance like I was given.
 
What a blessing to the Church this will be. Perhaps more divorced and remarried Catholics will consider a more streamlined case with more Pastoral Care involved ( I hope)
rather than become discouraged and leave the Church.

Mary.
 
NilDesperandum said:
I’m pretty stoked about this. I’m beginning RCIA this Thursday and have planning on getting an annulment. Glad to hear that the process will be easier, less expensive, and will probably save a lot of headache, as it potentially will make what could be a “not-too-nice” process between my ex and I less painful. Our marriage didn’t end all too amicably, and the wounds have healed well, and I don’t feel much like re-opening them.

I’m currently with someone, and we have plans for marriage, but not until after the RCIA process is done, and this should help speed things along.

Good fortune for me. I won’t be so bold as to take this as a sign that my road into The Church is becoming more apparent (I’m not THAT important :p), but it certainly makes me feel better.
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An annulment means that you were never married to your “ex.” It wasn’t a marriage.

Congratulations on starting RCIA. You shouod indeed feel good about coming home.
 
Reform can be a good thing, as witnessed by this step by the Holy Father to replace administrative legalism with mercy and compassion…seems many like this change, but some other changes coming might not be so welcomed…but folks will just have to deal with it and get over it! The old guard bishops are going to have to make as much adjustment as the faithful…Bravo, pope Francis!
 
Neofight said:
Reform can be a good thing, as witnessed by this step by the Holy Father to replace administrative legalism with mercy and compassion…seems many like this change, but some other changes coming might not be so welcomed…but folks will just have to deal with it and get over it! The old guard bishops are going to have to make as much adjustment as the faithful…Bravo, pope Francis!
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Hello,

What is less “legalistic” about this as compared to what was before? The Pope, in fact, *added *to the procedural law.

Dan
 
The Bishops should be able to nullify a marriage to the priests in his dioceses.

When they have spoken with the person seeking an annulment and review their situation at the time they got married, the priest should be able to annul the marriage.

This seems to upset Catholics who are able to live according to Church teaching while being happily married.

However, not all Catholics end up in this wonderful state in life and they end up divorced at a very young age.

Anyway, I love the path Pope Francis is taking on this and other issues.

The Church is becoming more in line with what Jesus taught. 👍

Jim
 
dans0622 said:
That’s an important point. There aren’t that many “obviously invalid” marriages. In my opinion, the number is no more than 10% and the only way you can discern the invalidity is through investigation… I hope the availability of a “shorter process” doesn’t result in false expectations.

Dan
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Thanks for some perspective on this, Dan. I was curious aft reading that how many requests are obvious. I expect the greatest shortening for most people with be in the removal of the automatic appeal to the court of second instance, but that’s only a guess.
 
MaryT777 said:
What a blessing to the Church this will be. Perhaps more divorced and remarried Catholics will consider a more streamlined case with more Pastoral Care involved ( I hope)
rather than become discouraged and leave the Church.

Mary.
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Of course, what will they do if the Bishop finds their first marriage was valid?

That’s one thing I note when people talk about annulments. They often seem to assume they’ll be granted one as a foregone conclusion.
 
JimR-OCDS said:
The Bishops should be able to nullify a marriage to the priests in his dioceses.

When they have spoken with the person seeking an annulment and review their situation at the time they got married, the priest should be able to annul the marriage.

This seems to upset Catholics who are able to live according to Church teaching while being happily married.

However, not all Catholics end up in this wonderful state in life and they end up divorced at a very young age.

Jim
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The process of nullity is there to determine if a marriage existes at all. It isn’t to help people who had valid marriages but were unhappy in them. Pope Francis umderstands this very well.
 
I’ll be interested in hearing more about this – and I’m sure we will!

From the little reading I’ve done so far, it seems that the biggest differences for the US will be the elimination of the automatic appeal of the first decision (the decision will go for a second decision only if there is an appeal from one of the parties) and the elimination of fees (which some dioceses have already implemented).

I was surprised to read that in some parts of the world, dioceses don’t even have tribunals. This will require that every diocese establish one. That in itself will make a huge difference in the amount of time it takes.

It sounds like Francis is encouraging the rest of the world to move closer to the US model in this area.

I haven’t read yet what the grounds will be for the shorter form decisions. Has anyone else?
 
SuscipeMeDomine said:
I’ll be interested in hearing more about this – and I’m sure we will!

From the little reading I’ve done so far, it seems that the biggest differences for the US will be the elimination of the automatic appeal of the first decision (the decision will go for a second decision only if there is an appeal from one of the parties) and the elimination of fees (which some dioceses have already implemented).

I was surprised to read that in some parts of the world, dioceses don’t even have tribunals. This will require that every diocese establish one. That in itself will make a huge difference in the amount of time it takes.

It sounds like Francis is encouraging the rest of the world to move closer to the US model in this area.

I haven’t read yet what the grounds will be for the shorter form decisions. Has anyone else?
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Hello,

Well, each diocese is already supposed to have a tribunal (or be part of an “interdiocesan” arrangement). I don’t know if the new rules will make it possible for more to be established.

As for grounds, they remain the same since they are not part of procedural law.

The “shorter process” involves cases where the evidence is such that it is clear that whatever the ground is, it is established. So, for example, the new rules mention infidelity at the time of the wedding. That can prove “simulation”, I suppose. Or, a premarital pregnancy that necessitated the marriage. That usually gets put into the lack of discretion ground. Et cetera.

Dan
 
Colorad007 said:
The process of nullity is there to determine if a marriage existes at all. It isn’t to help people who had valid marriages but were unhappy in them. Pope Francis umderstands this very well.
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The only one to know if a marriage existed is the person seeking an annulment.

A priests can help them to discern the validity of their marriage, but the information must come from the individual. A marriage tribunal is disconnected from the individual and relies on documents provided by the couple and witnesses, which are often misleading.

Also, keep in mind in the Sacrament of Marriage, it is the couple who marry themselves to each other, the Church blesses the marriage.

So, only the person seeking the annulment can say what took place in the heart at that time.

JIm
 
ARSpade said:
Of course, what will they do if the Bishop finds their first marriage was valid?

That’s one thing I note when people talk about annulments. They often seem to assume they’ll be granted one as a foregone conclusion.
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Hello,

Apparently, if the bishop is unable to rule in favor of invalidity, the case would go back to the ordinary process. So, a bishop would never have to give a “negative” decision. That’s good for him, I guess, since it insulates him from…any fallout from such an event.

Dan
 
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