Could the Pope allow priests to grant annulments?

[Elizium23]

Strictly speaking, the answer to the original question is yes.

The process for handling annulments is done via Cannon law. The Pope can change Cannon law at any point. He could make it happen.

Whether or not that’s a good thing, is a whole different discussion.

The Holy Father has recently changed Canon Law regarding declarations of nullity. In the Mitis Judex reforms, one notable aspect is the mandate to all bishops that they must decide many nullity cases on their own, without using the tribunal. This opens up quite a can of worms, as it turns out. Many noted canonists are saying that this will mean an incredible workload for already-overworked ordinaries. Can they legally delegate this work to a priest or tribunal? Again, some noted canonists say that they cannot delegate.

 

[Corki]

The Holy Father has recently changed Canon Law regarding declarations of nullity. In the Mitis Judex reforms, one notable aspect is the mandate to all bishops that they must decide many nullity cases on their own, without using the tribunal. This opens up quite a can of worms, as it turns out. Many noted canonists are saying that this will mean an incredible workload for already-overworked ordinaries. Can they legally delegate this work to a priest or tribunal? Again, some noted canonists say that they cannot delegate.

It’s not a mandate, it’s an option. A bishop can decide not to implement the “fast track” option at all or to take on fewer cases himself.

That being said, I can’t imagine many ordinaries who won’t be crushed under the load should they choose to give it a try or if they feel they are being pressured to do so. I know our own Cardinal AB spends almost half of his time either at the Vatican fulfilling his Cardinal duties or doing everything required of his USCCB commitments. I don’t know how he would fit in another huge obligation.

Adding personal attention to the annulment process seems to be counter to the Pope’s earlier instructions for Bishops to spend more time with their flocks. More administrative duties = less time for other things such as working directly with the communities, presiding at Confirmations, being a mentor and leader for priests, etc.

 

[PPeterson]

Jesus was clear that no man should separate what God put together. This was not ambiguous.

nuns could do it tho

 

[AHapka]

The Holy Father has recently changed Canon Law regarding declarations of nullity. In the Mitis Judex reforms, one notable aspect is the mandate to all bishops that they must decide many nullity cases on their own, without using the tribunal.

True, but what I was saying is that he could change it again if he so pleased. The Pope could simply eliminate all of that from the law and make a new Canon law stating that annulments are to be handled by the parish priest of the church either spouse attends (for example).

Not saying that it’s a good idea, but saying that it’s technically possible.

 

[Phemie]

True, but what I was saying is that he could change it again if he so pleased. The Pope could simply eliminate all of that from the law and make a new Canon law stating that annulments are to be handled by the parish priest of the church either spouse attends (for example).

Not saying that it’s a good idea, but saying that it’s technically possible.

That would turn the nullity process on its head, it would no longer be a judicial process but simply an evaluation by a person not necessarily competent to do so.

Who would stand up for the marriage if you removed the Defender of the Bond from the process?

 

[otjm]

That would turn the nullity process on its head, it would no longer be a judicial process but simply an evaluation by a person not necessarily competent to do so.

Who would stand up for the marriage if you removed the Defender of the Bond from the process?

I think AHapka already said that they were not indicating it was a good idea? They were responding to another post and their answer was that it was “technically possible”.

Grinding their answer into the ground doesn’t seem really necessary?

 

[Elizium23]

I think AHapka already said that they were not indicating it was a good idea? They were responding to another post and their answer was that it was “technically possible”.

Grinding their answer into the ground doesn’t seem really necessary?

It’s technically possible that the Holy Father could decree that everyone must eat pork on Fridays in Lent, but that’s probably not a good idea either.