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

[Peebo]

The annulment process is much quicker and easier for non-Catholic to get

I feel your pain…my wife (Protestant) whose first husband walked out on her and left her with nothing…filed for divorce with no chance of reconciliation and went to live with the girlfriend he had been seeing behind her back…she has also gone through the same painful harrowing process of annulment…she still hasn’t heard anything after 12 months and $500 and still counting…she has been through RCIA…reads her bible every morning along with mass readings for that day…recites the rosary every morning…and the divine mercy…will now not eat meat on Friday…makes sure that we attend mass at least weekly…makes sure that we say grace before meals with the sign of the cross…has attended class on the dynamics of Catholicism…invited one of our Protestant grandchildren to mass so she could show her the beauty and solemnity of the Catholic mass…and all this from a person who is still branded by some Catholics as one of the vilest of the vile…an adulterer condemned to the fires of hell…and she still wants to become Catholic…amazing.OH…one more thing…we haven’t had sexual relations since I don’t know when…and sit at the back corner of the church in sinful shame…(I’m being sarcastic) I have to admit our priests are more than sympathetic to my wifes case…that does give her hope.

 

[Colorad007]

I believe that the Catholic Church painted itself into a corner with its tough stance on the dissolution of a marriage especially when most Catholics couldn’t care less if the Church approved of their marriage break up or not. Catholics wanting to be remarried can just enter a civil union and wave the Church goodbye. I believe that this new expedited nullity plan is an effort of keep people in the Church. This idea of nullity quickly decided by the bishop, whether he is a Canon Lawyer or not, will become the Catholic version of civil divorce with no nullity application refused.

You do realize, I hope, that the Church’s “tough stance” on the indissolubility of marriage comes directly from Christ’s “tough stance” on the indissolubility of marriage recorded in Scripture? It isn’t something cooked up by a cabal of ecclesial meanies. It is rather clear fidelity to God.

 

[ringil]

You do realize, I hope, that the Church’s “tough stance” on the indissolubility of marriage comes directly from Christ’s “tough stance” on the indissolubility of marriage recorded in Scripture? It isn’t something cooked up by a cabal of ecclesial meanies. It is rather clear fidelity to God.

Are you stating that the changes introduced by Francis distance the Churches practice from how Christ intended?

 

[Colorad007]

Are you stating that the changes introduced by Francis distance the Churches practice from how Christ intended?

No, and I never said that, although I do think that annulment abuse very clearly weakens the Church’s teaching on the indissolubility of marriage.

 

[Hoosier_Daddy]

At this time in our word, when marriage is on life support, when we cannot even define it with opposite sexes, We get this.

This could be the final straw that kills marriage.

I feel abandoned, where do I go?

 

[ringil]

At this time in our word, when marriage is on life support, when we cannot even define it with opposite sexes, We get this.

This could be the final straw that kills marriage.

I feel abandoned, where do I go?

You go to the Church which is truth itself. In the words of JPII “do not be afraid!”

 

[Colorad007]

At this time in our word, when marriage is on life support, when we cannot even define it with opposite sexes, We get this.

This could be the final straw that kills marriage.

I feel abandoned, where do I go?

Who ever promised that the pope would never get it wrong on complex canonical questions? The man could be a flaming heretic and Christ would still be Christ, and the Catholic Church would still be the Catholic Church… That is where you go–to Christ, to his presence in the sacraments, to Mary. Motu Propio declarations come and go. Christ never abandons you.

 

[Seamus_L]

In the event that we suddenly see record numbers of annulments, it’ll be pretty hard to argue that this isn’t divorce under another name.

 

[SWolf]

Convert1;13264559:

The annulment process is much quicker and easier for non-Catholic to get

…and sit at the back corner of the church in sinful shame…(I’m being sarcastic) I have to admit our priests are more than sympathetic to my wifes case…that does give her hope.

If you two are no longer having sexual relations, go to confession and you can receive the Eucharist.

 

[LongingSoul]

Canon Lawyer Ed Peters has a couple of commentary pieces on the new documents:

• [A first look at Mitis Iudex (A first look at Mitis Iudex | In the Light of the Law)
• [A second look at Mitis, especially at the new fast-track annulment process (A second look at Mitis, especially at the new fast-track annulment process | In the Light of the Law)

He sees some positive aspects (e.g.eliminating mandatory appeals in positively ruled cases) as well as some parts he has serious reservations about (e.g. the “fast track” options). Lots of food for thought.

I wonder if Mr Peters might be a little afraid of becoming redundant?

 

[Joe_5859]

I wonder if Mr Peters might be a little afraid of becoming redundant?

What do you mean? You mean afraid of becoming obsolete and unemployed? I doubt very much that such concerns are at play in his assessment. He’d still be able to continue teaching at Sacred Heart regardless of whether or not less canon lawyers are needed as a consequence of these revisions.

 

[Joe_5859]

At this time in our word, when marriage is on life support, when we cannot even define it with opposite sexes, We get this.

This could be the final straw that kills marriage.

I feel abandoned, where do I go?

I don’t think it’s as dire as all that. Nothing in any of these changes adds new grounds for an annulment, nor do they necessarily lead to a more lax process. The major thrust is to open avenues for cases to be resolved more quickly, not with less accuracy.

I think Ed Peters brings up some good points with regards to his concerns, and certainly such things will need to be resolved. It’s certainly possible that this is not the perfect solution and that there will be plenty of hiccups in trying to implement it. I don’t think it is the death knell for marriage as we know it, though.

 

[MaryT777]

The annulment process is much quicker and easier for non-Catholic to get

I couldn’t agree with you more that those with arrogant posts have no clue what it’s like to file for and go through the process of an annulment. Suffice it to say I have nothing good to say about the process whatsoever. It took 2.5 years and was a complete nightmare
trying to find witnesses to even cooperate with a process.

I also might say there seems to be (this is my opinion) great Pressure on the initial person you speak to either a priest or maybe a deacon to make “sure” your case has “grounds”
or they don’t want to mess with it. It’s a lot of work for them too. You are discouraged then at the beginning level not to pursue the annulment if it doesn’t seem like a “go.”

I was one of these persons. I has a priest friend from another state who said call the Tribunal and ask for a Canon attorney. You have the right as a Catholic to pursue this.
So I did and voila the Canon attorney actually told me he believed ANY CATHOLIC marriage that fails was invalid from the beginning in some way.

That was his personal opinion and my marriage was annulled.

I praise God this has become more streamlined. After I got my decision from the “first instance court” only to wait for the decision from the “second instance court” I was like this is beyond ridiculous. I felt like it was a necessary evil to stay in the Church and nothing healing about it.

Mary.

 

[Peebo]

Convert1;13264559:

The annulment process is much quicker and easier for non-Catholic to get

I also might say there seems to be (this is my opinion) great Pressure on the initial person you speak to either a priest or maybe a deacon to make “sure” your case has “grounds”
or they don’t want to mess with it. It’s a lot of work for them too. You are discouraged then at the beginning level not to pursue the annulment if it doesn’t seem like a “go.”

I was one of these persons. I has a priest friend from another state who said call the Tribunal and ask for a Canon attorney. You have the right as a Catholic to pursue this.
So I did and voila the Canon attorney actually told me he believed ANY CATHOLIC marriage that fails was invalid from the beginning in some way.

That was his personal opinion and my marriage was annulled.

I praise God this has become more streamlined. After I got my decision from the “first instance court” only to wait for the decision from the “second instance court” I was like this is beyond ridiculous. I felt like it was a necessary evil to stay in the Church and nothing healing about it.

Mary.

Ditto from my wife:thumbsup:

 

[ARSpade]

I was one of these persons. I has a priest friend from another state who said call the Tribunal and ask for a Canon attorney. You have the right as a Catholic to pursue this.
So I did and voila the Canon attorney actually told me he believed ANY CATHOLIC marriage that fails was invalid from the beginning in some way.

That was his personal opinion and my marriage was annulled.

.

If that were true then basically the annulement process would basically be Catholic No Fault Divorce with the Bishop’s stamp on it.

“Eh, I found a hot 22 year old so I’m leaving my wife of 15 years and three kids because the new one is hot. Oh, and my wife has cancer and I just can’t deal with her complaining about it anymore. The new girl wants her big white Catholic wedding so I need the annulement.”
“Oh, well, your marriage just must have been invalid in some way at the start. Granted. Have fun.”

 

[LongingSoul]

What do you mean? You mean afraid of becoming obsolete and unemployed? I doubt very much that such concerns are at play in his assessment. He’d still be able to continue teaching at Sacred Heart regardless of whether or not less canon lawyers are needed as a consequence of these revisions.

In his ‘second look’ article, he takes issue as follows…

The new speedy annulment process, however, allows (I would say, pressures) bishops who are not necessarily canon lawyers (Canon 378), to rely heavily on a report drafted by someone who need not be a canon lawyer (Mitis, Art. 3), after conferring with an assessor who need not be a canon lawyer (Canon 1424), to rule upon a marriage that, besides enjoying natural (‘intrinsic’) indissolubility, might be sacramentally (‘extrinsically’) indissoluble as well. And note, these new speedy annulment cases are not cases that can already, under some circumstances, be processed quickly by documents because they deal with lack of canonical form or lack of canonical capacity. Canon 1686 mox 1688. No, these fast-track annulment cases plainly turn on questions of consent to marriage—consent, long and by far the most complex topic in marriage canon law. True, a judicial vicar must provide certification that the petition proposed for speedy processing meets certain evidentiary criteria, and the defender of the bond is allowed to respond to the petition, but the judicial vicar is not making a judgment as to nullity when he verifies the presence of certain evidence, and the defender has drastically less time to work on a case slated for expedited processing than he or she has for a formal case. In sum, this general lack of awareness of the inescapably complex legal nature of marriage consent shown in these new rules is disturbing. canonlawblog.wordpress.com/2015/09/08/a-second-look-at-mitis-especially-at-the-new-fast-track-annulment-process/

However, Pope StJPII in his last address to the Roman rota 10 years ago criticised the protocol that saw the bishops playing a token part in the annulment process and the legal wing making the investigation based on what they could know, which was only the legal criterior…

In my annual Addresses to the Roman Rota, I have referred several times to the essential relationship that the process has with the search for objective truth. It is primarily the Bishops, by divine law judges in their own communities, who must be responsible for this. It is on their behalf that the tribunals administer justice. Bishops are therefore called to be personally involved in ensuring the suitability of the members of the tribunals, diocesan or interdiocesan, of which they are the Moderators, and in verifying that the sentences passed conform to right doctrine. Sacred Pastors cannot presume that the activity of their tribunals is merely a “technical” matter from which they can remain detached, entrusting it entirely to their judicial vicars.

It made me wonder why Ed Peters is concerned that the judgement would be made in situ without the long involved process that canon lawyers use to come to judgement? People can be trained in canon law to fill that requirement, without becoming lawyers. Why is that a concern to him considering it is what Pope StJPII strongly urged a long time ago?

 

[hydin]

The annulment process is much quicker and easier for non-Catholic to get

Wow, as a cradle Catholic what you don’t understand it that you case is moving at lightning speed given the circumstances. Evidently you don’t have much experience with the process are being judgmental about the speed of the process when you don’t know it can take 18 months or longer. Doubt the new changes can get the process down to less than 8 months… You should be counting your Blessings. Glad your process is going so quickly for you.

You seem to think the Catholic Church should change its teaching to have two definitions of Sacramental Marriage… one that Catholics go by and one that tribunals use to speed up the process for non-Catholics, since they didn’t “know” Catholic Canon laws… The law used in this case is based on the words Jesus spoke - in all versions of the Bible- check out the King James Bible Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder. You can say that is cruel I guess.

That is clear as can be. You can say it should be ignored but you can’t say it doesn’t mean what it says. Now you can say Jesus was wrong if that is what you believe. The Catholic Faith is the only faith that one can join and know exactly what the church believes. It is the Catechism. When one determines they want to be a member or stay a member they accept all of the teachings of the Catholic Church. Certainly you knew this teaching before you entered the Church, right? The Apostles heard Jesus’ opinion on marriage and responded it would be better to never marry. Jesus didn’t say “well that is just my opinion, you do what you think is right.” but many Protestant faiths did exactly that. The Catholic Church didn’t change. Your former church told you divorce was OK.

You quote the Pope on the Eucharist but with no context. You missed how he truly feels about the Eucharist but he told us on 8/16/15… “The Eucharist is Jesus, who gives himself entirely to us. To nourish ourselves with him and abide in him through holy Communion, if we do it with faith, transforms our life into a gift to God and to our brothers,” the Pope said Aug. 16. To let ourselves be nourished by the Bread of Life, he said, “means to be in tune with the heart of Christ, to assimilate his choices, thoughts, behaviors.” It also means that we enter into “a dynamism of sacrificial love and become persons of peace, forgiveness, reconciliation and sharing in solidarity,” he added. explaining that when he gives us the Eucharist, Jesus does it with a purpose: “that we may become one with him.” Communion, he said, “is assimilation: Eating him, we become like him. But this requires our Yes, our adhesion of faith.”

Read more: ncregister.com/daily-news/pope-francis-let-yourself-be-transformed-by-the-eucharist/#ixzz3lHt7myTA

So our Pope is saying we must say yes to Jesus, and follow His words… which are stricter than the process Catholics have in place now…

Please don’t assume I do not have compassion or understand how tough it can be. I am divorced, and the marriage was valid. I did not want the divorce - I am still governed by the Catechism and can’t remarry. I would swap a year delay for 40 years living as if married without a spouse. In all Catholic vows we verbally confirm marriage is forever. The Catholic Church makes us live that promise. if we can’t make it last, we give up the right to try again. based on the words of Jesus.

as far as Decrees of Nullity (annulments is not the proper term) being rubber stamped, you must not know much about the process. In the past and continuing today, many famous Catholics got decrees of nullity for marriages that sure seem suspicious… google Kennedy and annulment and see one example. or the example of a Catholic Divorce counselor who had decrees of nullity granted for his first 2 marriages and is on his 3rd. Causes one to ask how an expert in the field could go through the nullity process, know all the reasons marriages are deemed invalid yet somehow be able to convince a tribunal that He could enter into another false bond on that 2nd marriage day. but was fit shortly after the 2nd decree was granted to enter into a sacramental marriage. I am sure it had nothing to do with how active he was with the Archdiocese at all. I could get a decree of nullity with no problem at all according to a Priest since our parish has people who are “involved” He even said he would be a witness for me… to get a valid marriage declared not valid so I could remarry… Sadly, it happens all the time with the process. Over a recent 25 year period LA had 100% of their cases had invalid marriages…

 

[pnewton]

Hello,

So, when I defend a particular marriage, appeal a case, or decide a case in the “negative”, I am being unmerciful or closing the doors of mercy? I find the use of “mercy” in this context to be out of place.

I cannot answer for you, what you do or why you do what you do. I only know the Holy Father (not me) is making these changes within the context of mercy and the Jubilee Year of mercy.

As to your own experience with the simplicity, and the number of clear cases, my experience is not your, and my definition of what is easy to determine may not be yours. So that is all fine. As it is, each bishop will have to do what they think best anyway to implement these changes.

 

[pnewton]

Canon Lawyer Ed Peters has a couple of commentary pieces on the new documents:

• [A first look at Mitis Iudex (A first look at Mitis Iudex | In the Light of the Law)
• [A second look at Mitis, especially at the new fast-track annulment process (A second look at Mitis, especially at the new fast-track annulment process | In the Light of the Law)

He sees some positive aspects (e.g.eliminating mandatory appeals in positively ruled cases) as well as some parts he has serious reservations about (e.g. the “fast track” options). Lots of food for thought.

That is interesting, but I note that he is a canon lawyer. In civil law, there never was a lawyer that liked any simplification in the law that might cut out the need for lawyers. If the Holy Father sees a greater need to address the spirit of the law than the letter, I am not surprised. It is the Jesus thing to do (and the St. Paul thing as well)

 

[dans0622]

That is interesting, but I note that he is a canon lawyer. In civil law, there never was a lawyer that liked any simplification in the law that might cut out the need for lawyers. If the Holy Father sees a greater need to address the spirit of the law than the letter, I am not surprised. It is the Jesus thing to do (and the St. Paul thing as well)

I always find it interesting when this sort of comment is made, implying that it is odd or unacceptable for lawyers to want to keep their job.

The comment is a bit misplaced in this context because Peters is a professor at a seminary and so is not that involved in tribunal work. It is even more misplaced because there really has not been any simplification of the law–a new process has been added to what was already there. There is no less need for canon lawyers.

Dan