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

[dans0622]

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.

Well, I think your answer was pretty well implied in what you said earlier. Basically, it is: declarations of nullity = mercy. Faster declarations of nullity = more merciful. If I somehow stand in the way of a declaration of nullity (even if it is something I am obliged by the Church to do), …

Dan

 

[Joe_5859]

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?

I took his concern to be that mistakes would be more likely if untrained people were the only ones involved in the decision process. That seems like a fair enough concern to me. Sure, people can be trained for those roles, and maybe he would be satisfied with that (depending on the extent of the training perhaps).

 

[LongingSoul]

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

But you have to admit that the paragraph that I’ve quoted from Peters in #96 is a direct promotion of the qualification of ‘canon lawyer’. The Popes want the process to be a discernment between the Bishop, parish Priest and applicants, rather than a strictly legal determination by a remote tribunal of canon lawyers. That’s what Peters is having a beef with.

 

[dans0622]

But you have to admit that the paragraph that I’ve quoted from Peters in #96 is a direct promotion of the qualification of ‘canon lawyer’. The Popes want the process to be a discernment between the Bishop, parish Priest and applicants, rather than a strictly legal determination by a remote tribunal of canon lawyers. That’s what Peters is having a beef with.

Hello,

I think you are reading too much into the address of John Paul II. In many (practically all, as far as I know) dioceses, the diocesan Bishop has nothing to do with the activity of the Tribunal, even to the point of actively avoiding any involvement. When I was hired, for example, I never even met the bishop. That’s what John Paul II was trying to rectify.

He wasn’t saying the Bishops should start hearing cases but that they should ensure that personnel are suitable and that the Sentences are solid.

Dan

 

[JimR-OCDS]

Here’s an article which has the text of Motu Proprio with commentary which I found helpful;

Cardinal Coccopalmerio on the Reform of the Process for Declaring Nullity of a Marriage

Pope Francis has today decreed a major reform of the Catholic Church’s process for the declaration of nullity of marriages, which includes some substantial changes, involving both a streamlining and speeding up of the process as well as a reduction to the minimum of the costs involved for the parties seeking this decree of nullity.

He has done so by issuing two letters ‘on his own initiative’ (motu proprio) that introduce significant changes in both the Latin and Oriental Codes of Canon Law.

The new reform was presented at a press conference in the Vatican on September 8, and one of the main speakers at that event was the Italian cardinal Cardinal Francesco Coccopalmerio. He is president of the Pontifical Council for Legislative Texts, one of the Vatican’s top canon lawyers, and was appointed by the pope to the commission that he set up, August 2014, to study the annulment process and to come up with proposals for revision and improvement in this important area. He was the only cardinal on the commission.

More…

Jim

 

[Convert1]

Convert1;13264559:

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

Please do not assume to know what I have been through, not only as an abused child and abused wife; but as my experience goes through the process of annulment. (I believe that term is used widely on this forum so your correction is mute) I only stated my experience and the pain it caused. I never claimed I expected “lightening speed” or any other result. What I did anticipate was a glimmer of compassion. I don’t need to assume you lack this trait because it is evident, based on your post. I find your comparison to an individual with three marriages irrelevant to my point, and further proves that you simply wish to quote your interpretation of what you think applies to me. I respect the Catholic Church and it’s teaching, and I made no mention of my insistence that there should be any changes in doctrine. I only stated a fact regarding how Protestants are raised as it pertains to marriage versus the culpability to the canon law of the Catholic church. The difference is evident, and many Protestants list the same issues.
My quote from Pope Francis was my interpretation, and I believe I am entitled to that; or would you prefer to dictate to me what I should think regarding my opinion, as well?
I am smart enough to know that my love of God surpasses your arrogant condemnation of my situation. I don’t need to Google the Kennedy case as it has little reflection of my own. Mrs. Kennedy did not get the hell beat out of her on a daily basis, last I looked. Or maybe, you would have preferred that I remained in that marriage just to follow what you think is the correct path? I have an extremely strong belief in my Faith; and even you won’t shake that for me. I will pray for you, it would be the Christ-like thing to do.

 

[pnewton]

Well, I think your answer was pretty well implied in what you said earlier. Basically, it is: declarations of nullity = mercy. Faster declarations of nullity = more merciful.

As to the first, I am glad I clarified that was not what I said, as to the second, I do believe that to be true. The process is quite taxing, leading to suffering during a time that one may be denied the access to the Eucharist. Alleviation of suffering is an act of mercy. I would bet, reading the testimonies here of those who have been through this process, that all would agree that a faster process alleviates suffering.

 

[irenaeus1]

Please help me out here. If the case is made that so many marriages are actually invalid (null), what is a faithful catholic to do regarding their own marriage. It would seem that every married catholic should have their marriage evaluated to verify that they are indeed in a valid marriage - sort of the reverse of seeking a declaration of nullity. I’m sure that if one looked hard enough at my own marriage, some defect may be found at the time of my wife’s and my consent to question the validity. In other words, if I filed for an annulment, would I be able to obtain one even though my wife and I have no intention of separating? We have set the bar so high with regard to perfection in consent at the time the vows are exchanged (or so low with regard to declaration of nullity) that it certainly casts doubt on anyone who believes they are currently in a valid marriage – they may in fact not be.

 

[pnewton]

We have set the bar so high with regard to perfection in consent at the time the vows are exchanged (or so low with regard to declaration of nullity) that it certainly casts doubt on anyone who believes they are currently in a valid marriage – they may in fact not be.

I do not think we have set the bar so high (or that the Church actually sets the bar at all) as much as we have lost the sense of marriage in the world today. Modern society, as taught largely through the media, has really distorted what most people thing marriage is. I would hope that this synod would go beyond divorce, communion and annulment issues to the difficult problem of properly defining marriage to the faithful with the goal of lessening the number of marriages which would be invalid.

Still, this will always be an issue for those who are converted to the faith from the secular world, and from other Christian traditions who do not hold to the Catholic understanding of marriage.

 

[_Abyssinia]

New ‘Fast-Track Annulments’ May Be Rarer Than Expected

Read more: ncregister.com/blog/joan-desmond/madison-diocese-shorter-annulment-process-for-rare-cases/#ixzz3lvcdXLHO

 

[Joe_5859]

New ‘Fast-Track Annulments’ May Be Rarer Than Expected

Read more: ncregister.com/blog/joan-desmond/madison-diocese-shorter-annulment-process-for-rare-cases/#ixzz3lvcdXLHO

I saw that article and thought of posting it here, but you beat me to it.

I like the Q&A from the Diocese of Madison. That’s very helpful background info to put it in perspective.

 

[JimR-OCDS]

New ‘Fast-Track Annulments’ May Be Rarer Than Expected

Read more: ncregister.com/blog/joan-desmond/madison-diocese-shorter-annulment-process-for-rare-cases/#ixzz3lvcdXLHO

The problem with the article is that the author is using the current process for determining nullification.

The Synod coming next month has yet to review and make changes to the process in order to carry out Pope Francis desire for change in the annulment process.

I fail to understand why there are some Catholics who do not want to see an easier process for divorced Catholics return to the Church in full communion.

Its almost as if they want to go back to the days of shunning divorced Catholics.

Jim

 

[ProdigalSun]

An annulment is the determination that the joining in holy matrimony never occurred.

Yes, I know what an annulment is, I had one! If during the process it was deemed I was indeed properly married I would still be married and there is nothing anyone can do about that. The way I understand Jim is that he seems to think if one is truly married then civilly divorced after a while the church should just let it go and allow the new “Marriage”. This will not help this couple get to heaven. Helping us get to heaven is the sole purpose of the church! Pretending that something is a marriage when it is not is evil at worst and foolhardy at the best.

 

[Joe_5859]

The problem with the article is that the author is using the current process for determining nullification.

The Synod coming next month has yet to review and make changes to the process in order to carry out Pope Francis desire for change in the annulment process.

Jim

I don’t know about that. My sense is that these twin motu proprios from Pope Francis are the annulment reform that has been asked for. I wouldn’t expect any other changes on this subject to come out of the Synod. Through these documents, Canon Law has been modified.

I do think there will be a lot of discussion on how the changes are implemented. But the changes themselves are already present in Francis’ documents.

 

[JimR-OCDS]

I don’t know about that. My sense is that these twin motu proprios from Pope Francis are the annulment reform that has been asked for. I wouldn’t expect any other changes on this subject to come out of the Synod. Through these documents, Canon Law has been modified.

I do think there will be a lot of discussion on how the changes are implemented. But the changes themselves are already present in Francis’ documents.

I expect to see changes come out of the Synod. If not, why bother having it ?

Hopefully, the Cardinals don’t become like the US Congress and can’t get anything done.

Jim

 

[Usige]

I expect to see changes come out of the Synod. If not, why bother having it ?

Hopefully, the Cardinals don’t become like the US Congress and can’t get anything done.

Jim

What kind of changes do you expect?

First it’s important to remember that annulments and divorce/remarriage are only a small part of the synod. Second, a synod is not a magic wand and they can not change what God intends.

With regard to marriage, Christ was very clear that a valid marriage is valid because of God. Man cannot create ways to make a valid marriage invalid. That was kinda the point of Mark 10:9. So the Church can make efforts to ensure that investigations are handled equitably and speedily across all regions, but She cannot suddenly decide that a once valid marriage is now invalid for pastoral reasons.

All that may come out of it is pastoral means to help people turn away from sin. I would be suprised (and disappointed) if the outcome is to say what was once sinful isn’t any more. That’s what protestants do: “Everyone that doesn’t belive this is a sin, raise your hands. Sorry, God, you were out voted.”

 

[JimR-OCDS]

Usige

What kind of changes do you expect?

whatever God’s will is.

First it’s important to remember that annulments and divorce/remarriage are only a small part of the synod. Second, a synod is not a magic wand and they can not change what God intends.

Yeah, but those aspects are the most that is being watched.

With regard to marriage, Christ was very clear that a valid marriage is valid because of God. Man cannot create ways to make a valid marriage invalid. That was kinda the point of Mark 10:9. So the Church can make efforts to ensure that investigations are handled equitably and speedily across all regions, but She cannot suddenly decide that a once valid marriage is now invalid for pastoral reasons.

Christ was responding to the Pharisees in order to see if he was in following Jewish law so they could have something to accuse him with.

It was also at a time of prearranged marriages where the females didn’t have much say whom they were to marry. Jesus was responding to divorce in Jewish culture of the time, which was often based on men who wanted to divorce and remarry,for selfish reasons.

Also, generally females couldn’t divorce her husband, only males had that privilege. A woman who left her husband was left without the means to support herself.

Jesus was calling for marriage as God had designed, not as man. So, let no man separate what God has joined.

God did not design that a woman be abused nor for a man or woman to be stuck in a marriage where the spouse has abandoned them.

For me, the best approach for the Church is to allow the pastors to grant annulments to a person who seeks it, for they’re the only one’s who can truly discern if a marriage exists or not.

But my desire is whatever God’s will is, and I pray that the Cardinals in the Synod will be inspired to do what is God’s will.

Jim

 

[LongingSoul]

What kind of changes do you expect?

First it’s important to remember that annulments and divorce/remarriage are only a small part of the synod. Second, a synod is not a magic wand and they can not change what God intends.

With regard to marriage, Christ was very clear that a valid marriage is valid because of God. Man cannot create ways to make a valid marriage invalid. That was kinda the point of Mark 10:9. So the Church can make efforts to ensure that investigations are handled equitably and speedily across all regions, but She cannot suddenly decide that a once valid marriage is now invalid for pastoral reasons.

All that may come out of it is pastoral means to help people turn away from sin. I would be suprised (and disappointed) if the outcome is to say what was once sinful isn’t any more. That’s what protestants do: “Everyone that doesn’t belive this is a sin, raise your hands. Sorry, God, you were out voted.”

A marriage is valid because of the cooperation of mans faith with Gods gift. Both Benedict XVI and Pope Francis have acknowledged that because of the cultural climate of our modern times, mans faith and understanding at the time of the marriage, put the sacrament in doubt in a lot of modern marriages.

The question is, how should the annulment process reflect this without seeming like being Catholic divorce.

 

[JimR-OCDS]

A marriage is valid because of the cooperation of mans faith with Gods gift. Both Benedict XVI and Pope Francis have acknowledged that because of the cultural climate of our modern times, mans faith and understanding at the time of the marriage, put the sacrament in doubt in a lot of modern marriages.

.

Pope Benedict XVI himself said that absence of faith at the time of marriage could be used for annulment.

Jim

 

[pnewton]

I expect to see changes come out of the Synod. If not, why bother having it ?

Hopefully, the Cardinals don’t become like the US Congress and can’t get anything done.

Jim

Pope Benedict XVI himself said that absence of faith at the time of marriage could be used for annulment.

Jim

I do not see this synod operating anything at all like the American political system which has become rather dysfunctional. As you point out, the same principles are recognized by everyone. Pope Benedict was not portrayed the same in the media as Pope Francis, so we tend to think of them in terms of differences. The same goes for all the Church Cardinals and Bishops. Yet they basically agree on the same set of givens.