Pope Francis: annulment decisions should not take years [CC]

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In extemporaneous remarks made to participants in a course sponsored by the Roman Rota, Pope Francis said that justice demands that the Church’s decisions on the validity of marriages …

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en.radiovaticana.va/news/2014/11/05/pope_francis_church_tribunals_must_serve_justice_in_marriag/1110208

Pope Francis: Church Tribunals must serve justice in marriage cases
05/11/2014

(Vatican Radio) Pope Francis on Wednesday spoke about the importance of fairness and accessibility in the proceedings of Church Tribunals trying to adjudicate the validity of marriages.

He made his remarks before his General Audience, when he briefly greeted participants of a course offered by the Tribunal of the Roman Rota on “Instructing a Case for the Dispensation of a Marriage ‘Super rato et non consumato’” -valid, but unconsummated marriages - which can be dissolved under certain conditions according to Church law.
“In the Extraordinary Synod [on the Family], There was talk about procedures, processes, and there was a preoccupation for streamlining the procedures, in the interest of Justice,” Pope Francis said. “Justice: For decisions must be just, and because there must be justice for the people who are waiting.”

He also spoke about the Commission for the study of the reform of the matrimonial processes in canon law, which was announced in September, which he said is designed to hope streamline the process: “A path of justice, and also charity, because there are so many people who need a word from the Church about the marriage situation – be it a yes or a no – because this is just.”

(Read the rest there)
 
…(Vatican Radio) Pope Francis on Wednesday spoke about the importance of fairness and accessibility in the proceedings of Church Tribunals trying to adjudicate the validity of marriages.

He made his remarks before his General Audience, when he briefly greeted participants of a course offered by the Tribunal of the Roman Rota on “Instructing a Case for the Dispensation of a Marriage ‘Super rato et non consumato’” -valid, but unconsummated marriages …
For the sake of accuracy, a “ratified” marriage is a Sacramental one, not merely a valid one. And, the process under study in the conference does not concern itself with the validity of the marriage. The validity is presumed and is essentially necessary in order for the process itself to make any sense. You can’t dissolve what isn’t there. In other words, it is not an “annulment” process.

Dan
 
No one should wait years before finding out if their marriage is valid or not. “In the Extraordinary Synod, there was talk about procedures and trials. There was concern for streamlining procedures in the interest of justice.” During "the recent Synod on the family, discussions centred on court proceedings “free of charge.”

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I am encouraged by his emphasis here on justice.
If we are going to make this into such a legal procedure why don’t they just allow divorce? catholic annulments aren’t supposed to be for any marriage that isn’t perfect, its supposed to be really rare and a very unusual circumstance. I honestly think that pope francis really wants catholic divorce with the annulment tag slapped on it to keep the traditionalists quiet.
 
If we are going to make this into such a legal procedure why don’t they just allow divorce? catholic annulments aren’t supposed to be for any marriage that isn’t perfect, its supposed to be really rare and a very unusual circumstance. I honestly think that pope francis really wants catholic divorce with the annulment tag slapped on it to keep the traditionalists quiet.
Annulments are not necessarily supposed to be common, nor are they necessarily supposed to be rare. They are supposed to be accurate. If we live in an age in which Catholics commonly fail to enter into valid marriages, then annulments are going to be common. One could easily argue that we do live in such an age.

The Church must ensure that the annulment process arrives at the truth about a supposed marriage with a reasonable degree of certainty. Anything other than that would be a serious injustice against the faithful. Churchmen like Cardinal Burke argue persuasively that a juridical process is necessary to guarantee this.

At the same time, it is a serious problem if the annulment process is more convoluted than it needs to be, or if it is too expensive or too difficult for many Catholics to manage it. The annulment process should be available to any Catholic who honestly wants the validity of a marriage determined by the Church.
 
Annulments are not necessarily supposed to be common, nor are they necessarily supposed to be rare. They are supposed to be accurate. If we live in an age in which Catholics commonly fail to enter into valid marriages, then annulments are going to be common. One could easily argue that we do live in such an age.

The Church must ensure that the annulment process arrives at the truth about a supposed marriage with a reasonable degree of certainty. Anything other than that would be a serious injustice against the faithful. Churchmen like Cardinal Burke argue persuasively that a juridical process is necessary to guarantee this.

At the same time, it is a serious problem if the annulment process is more convoluted than it needs to be, or if it is too expensive or too difficult for many Catholics to manage it. The annulment process should be available to any Catholic who honestly wants the validity of a marriage determined by the Church.
Very well said.

I agree, except that I would add that if annulments become very common, it does mean that there is a problem, it’s just that the problem would be with in the marriage process, not the annulment process.

Annulments just reflect the reality of the situation, so if we are seeing lots of them, the solution isn’t to make annulments artificially hard to get, the solution is to make the marriage process more in-depth so that fewer invalid marriages are created in the first place.
 
“I am not talking about anything unusual. There have been public scandals,” he said.
Apparently referring to his time in Buenos Aires, the pope recalled: “I had to dismiss one person from the tribunal, some time ago, who said: ‘I’ll handle both proceedings, civil and ecclesiastical, for 10,000 dollars.’”
Noting that some participants at the synod had called for making the annulment process free of charge, Pope Francis said “we will have to see,” but added that, “when the spiritual is attached to an economic interest, this is not from God.”
I’ve seen annulments vary in costs. Some are told it will cost them $500.

My brother got his for $50.

A friend, who own a construction company, refurbished a large church in the dioceses, for free.

He got an annulment from his 30 year marriage which he fathered 5 children, in a snap.

Jim
 
Annulments are not necessarily supposed to be common, nor are they necessarily supposed to be rare. They are supposed to be accurate. If we live in an age in which Catholics commonly fail to enter into valid marriages, then annulments are going to be common. One could easily argue that we do live in such an age.

The Church must ensure that the annulment process arrives at the truth about a supposed marriage with a reasonable degree of certainty. Anything other than that would be a serious injustice against the faithful. Churchmen like Cardinal Burke argue persuasively that a juridical process is necessary to guarantee this.

At the same time, it is a serious problem if the annulment process is more convoluted than it needs to be, or if it is too expensive or too difficult for many Catholics to manage it. The annulment process should be available to any Catholic who honestly wants the validity of a marriage determined by the Church.
But the problem with this there aren’t many “valid catholic marriages” thought is that you are really validating a practical reason for having divorce. Nobody divorces because of having perfect marriages, thats why divorce exists and playing this game of oh the marriage didn’t really happen it was annulled try again doesn’t feel right to me. It supposed to be till death not till I get my express annulment certifacte mailed to me because it wasn’t the perfect marriage I dreamed of.

People talk about the divorcees but what about the kids. Shouldn’t we fight to keep their families together. I"m very grateful that my parents were faithful and raised me together. I want that experience for others. I would hate for our church to start bankrolling annulments with people thinking they have the support of the church while tearing families apart,
 
Very well said.

I agree, except that I would add that if annulments become very common, it does mean that there is a problem, it’s just that the problem would be with in the marriage process, not the annulment process.

Annulments just reflect the reality of the situation, so if we are seeing lots of them, the solution isn’t to make annulments artificially hard to get, the solution is to make the marriage process more in-depth so that fewer invalid marriages are created in the first place.
Fewer and fewer Catholic marriages are being performed as we speak.

cara.georgetown.edu/CARAServices/requestedchurchstats.html
 
In Chicago it costs a $1000 to get an annulment. It is my understanding that every case doesn’t even get a full hearing. You have to “apply” for the process with an application and a $50 fee and if they decide that your case is credible, then you pay the rest. I’m not sure if you can appeal if your initial application is rejected or since you aren’t even granted a full hearing your appeal would be dead in the water. The process is supposed to be new and “more pastoral” than the old process, but I am not sure why. Additionally, many parish don’t have resources to help people file annulments or even mention how to start one. The tribunal in Chicago mainly consists of priests. It appears that there are very few laypeople in general and women in particular. I’m not sure how they handle cases with abuse victims or just strained marriages in general. Believe me… many abuse victims aren’t eager to have their abusers contacted to get an annulment.

As for the argument that at least some priests are “charging” for annulments, I’m glad that this was confirmed by Pope Francis. I live in Chicago; politicians go to jail on a regular basis. You cannot tell me that this isn’t a problem or is only a problem in Latin America. Of course this happens!
 
Having gone through the annulment process, I have a few suggestions:
  1. Apply as soon as possible after a divorce. And, if possible, do so before dating others. If you’ve selected a remarriage candidate, be prepared for another long questionnaire.
  2. Give two or three dependable references. The longer they take to fill them out, the longer the process.
  3. Answer all questions to the best of your knowledge and don’t be vague. It will only trigger another set of questions.
Be prepared for a private interview. (Do they still do these?)
 
No one should wait years before finding out if their marriage is valid or not. “In the Extraordinary Synod, there was talk about procedures and trials. There was concern for streamlining procedures in the interest of justice.” During "the recent Synod on the family, discussions centred on court proceedings “free of charge.”

More…
Here again…Headlines…

Pope Francis requests an efficient process by which to determine if a marriage is valid or not.
That is different from “.quicker marriage nullity” as headlines state.
Justice which is slow , is not justice. That is, to take years to say yes or no .
 
If we are going to make this into such a legal procedure why don’t they just allow divorce? catholic annulments aren’t supposed to be for any marriage that isn’t perfect, its supposed to be really rare and a very unusual circumstance. I honestly think that pope francis really wants catholic divorce with the annulment tag slapped on it to keep the traditionalists quiet.
Baby steps.
 
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