I mean the permanent marriage bond incurred at the exchange of vows. No one can read the mind of God, or of another person. But we presume that people mean what they say when they recite vows, and treat a marriage as valid unless shown to be not valid from the start.
I don’t think that A.L. authorizes individual pastors or individual laypeople to replace a tribunal in making a decision as to validity of a marriage, but perhaps that is also in dispute or ambiguous.
Here is an excerpt from the Argentine Bishops Draft Guidelines which are said to have been praised by Pope Francis:
"5) When the concrete circumstances of a couple
make it feasible, especially when both are
Christians with a journey of faith, it is possible to
propose that they make the effort of living in
continence. Amoris Laetitia does not ignore the
difficulties of this option (cf. note 329) and leaves
open the possibility of receiving the sacrament of
Reconciliation when one fails in this intention (cf.
note 364, according to the teaching of Saint John
Paul II to Cardinal W. Baum, of 22/03/1996).
“6)
In other, more complex circumstances, and
when it is not possible to obtain a declaration of
nullity, the aforementioned option may not, in
fact, be feasible. Nonetheless, it is equally possible
to undertake a journey of discernment. If one
arrives at the recognition that, in a particular case,
there are limitations that diminish responsibility
and culpability (cf. 301-302), particularly when a
person judges that he would fall into a subsequent
fault by damaging the children of the new union,
Amoris Laetitia opens up the possibility of access
to the sacraments of Reconciliation and the
Eucharist (cf. notes 336 and 351). These in turn
dispose the person to continue maturing and
growing with the aid of grace.” (emphasis added)
While this would not seem to authorize the replacement of a tribunal in making a decision as to the validity of a marriage, it clearly would open the possibility of access to the sacraments in certain cases when, following discernment, it is recognized that “responsibility and culpability” are “limited”. I would think this would mean a discernment, in the inner forum, of the conscience, and, if responsibility and culpability were found limited, it would mean that a person is not in the state of mortal sin. Thus, access to the sacraments of Reconciliation and the Eucharist would then be possible.
I would stress that this is only my opinion in view of 301-307 and footnote 351 of AL and the Arg. bishop’s guidelines. I am not arguing a position. However, if this is correct then a clarification is unnecessary.