Press
conference details marriage law reforms
(Vatican
Radio) Pope Francis issued two Apostolic Letters motu proprio on
Tuesday, by which he introduced reforms to the legal structures of the Church,
which deal with questions of marital nullity. At a news conference presenting
the reforms to journalists at the Press Office of the Holy See on Tuesday, the
President of the Pontifical Council for Legislative Texts, Cardinal Francesco
Coccopalmerio – who was also a member of the Special Commission appointed to
study the issue and make the recommendations on which the reform is based –
explained that the reforms do not touch the nature and purpose either of
marriage, or of the Church’s marriage law: marriage is a sacrament and is by
its nature indissoluble; when a marriage is accused of nullity, the Church
merely investigates to see whether the parties presumed to be married ever
actually executed a valid marriage contract in the eyes of the Church.
“We
are not strictly talking then, about a legal process that leads to the
‘annulment’ of a marriage,” as though the act of the Church court were one of
nullification. “Nullity,” Cardinal Coccopalmerio explained, “is different from
annulment – declaring the nullity of a marriage is absolutely different from
decreeing the annulment of a marriage.”
The
President of the Pontifical Council for Legislative Texts went on to explain
that the concern of the Holy Father is in the first place for the good of all
the faithful, especially those of the faithful whose situations have been a
cause of difficulty in living the Christian life as fully as possible. “The
problem,” he said, “is rather of an exquisitely pastoral nature, and consists
in rendering marriage nullity trials more swift and speedy, so as the more
solicitously to serve the faithful who find themselves in such situations.”
Three
specific changes most directly address the question of speed in the process:
the removal of the need for a twofold conforming sentence from both the court
of first instance and then from the appellate court, which automatically
reviewed the acts of the first instance trial – meaning that a single trial in
the first instance will be considered sufficient for persons, whose presumed
marriage has been declared null, to enter into new marriages under Church law;
the introduction of the possibility for a single judge to try and issue rulings
on individual cases; the creation of an expedited trial process for certain
cases, in which the evidence of nullity is abundant, and both parties accuse
the marriage of nullity.
“The
power of the keys of Peter remains ever unchanged,” explained the Secretary of
the Congregation for the Doctrine of the Faith, Archbishop Luis Ladaria, SJ,
who was also a member of the reform commission and present at the press
conference on Tuesday. “In this [nullity] process as well, the appeal to the
Apostolic See is open to all, in order that the bond between the See of Peter
and the particular Churches be confirmed.” Archbishop Ladaria concluded his
remarks saying, “We all hope that this reform of the Code of Canon Law will
bring with it the fruit the Holy Father desires, and that many Pastors and
faithful desire with him as well.”
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