Msgr. Lopez-Gallo continues his series on the eight Popes who forged his priesthood. This week, he focuses on Pope Francis for a second week.
One
of the most serious concerns that Pope Francis brought with him when he
accepted to be the Vicar of Christ and Successor of Peter was the difficult
situation of those Catholics whose marriage has failed, and worse, those who
have remarried civilly before obtaining a verdict from an ecclesiastical
tribunal declaring their first union invalid, and granting them the freedom to
marry again in the Church.
As pastor, bishop and cardinal, Cardinal Jorge Bergoglio was aware of the problems of the juridical procedure and the criticism against it – “An annulment is only for the rich, not for the poor’; ‘It takes so long to obtain a declaration of nullity; ” “Bringing up the past is so painful;” “If the marriage is declared invalid, my children will be illegitimate” – and so on.
So, one of Francis’s tasks was to reform the process, making it more accessible, less time-consuming, free of cost, and to suppress the mandatory second confirming decision by an appeal tribunal. However, this does not mean that a decision cannot be appealed in certain circumstances; only that in order to put a stop to appeals which have little, if any, foundation in law, and if it appears evident that the appeal is merely a delaying tactic and more in the line of placing obstacles to the remarriage of the other party, the collegial judges may confirm, by decree, the sentence of the first instance tribunal.
Pope Francis started by appointing a special papal commission that would provide him with the elements to undertake his reform. Then he published his motu proprio (meaning, “at his initiative”) with an introduction that explained his authority to make the changes with the help of the experts of the commission and the judges of the Appeal Tribunal of the Roman Rota. His proemium (preface) is so admirable that I cannot refrain from repeating it:
“The Gentle Judge, Our Lord Jesus, the Shepherd of our souls, entrusted to the apostle Peter and to his successors the power of the keys to carry out the work of truth and justice in the Church. This supreme and universal power of biding and loosing here on earth asserts, strengthens and protects the power of pastors of particular churches, by virtue of which they have the sacred right and duty before the Lord to enact judgment toward those entrusted to their care.
“Throughout the centuries, the Church, having attained a clearer awareness of the words of Christ, came to and set forth a deeper understanding of the doctrine of indissolubility of the sacred bond of marriage, developed a system of nullities of matrimonial consent, and put together a judicial process more fitting to the matter so that ecclesiastical discipline might conform more and more to the truth of the faith she was professing. All these things were done following the supreme law of the salvation of souls.”
For practical reasons, if you or someone you know needs to apply, I would like to mention the list of grounds why a Catholic marriage can be declared null:
1.) Age: The minimum is 16, for a male; 12, for a female.
2.) Antecedent and perpetual impotence to have sexual intercourse on the part of either man or woman.
3.) Bond of a previous marriage.
4.) No dispensation obtained for disparity of cult. A situation where one person is a baptized Catholic and never formally defected from the faith, and the other was not baptized. Only the bishop can grant a dispensation from this impediment, under certain condition.
5.) Marrying someone validly ordained a deacon, priest, or bishop.
6.) Marrying someone who is bound by a public vow of chastity.
7.) A man marrying a woman who he abducted or detained with a view to contracting marriage with her.
8.) Contracting marriage after bringing about the death of a prior spouse with a view to entering the new marriage.
9.) The impediment of consanguinity in all degrees of the direct line.
10.) Invalidity by affinity in any degree of the direct line.
11.) Invalid consent due to dementia and mental disturbance.
12.) Ignorance that marriage is a permanent partnership.
13.) Error of person.
14.) Marriage under fraud or deceit.
15.) Simulation: rejecting, by a positive act of the will, procreation, fidelity, or permanence.
16.) Marriage subject to condition concerning the future.
17.) Marriage contracted under force and fear.
18.) A Catholic marriage not contracted in the presence of the parish priest or his delegate.
19.) Marriage contracted by a person incapable of fulfilling the essential obligations of marriage.
20.) Mixed marriages contracted without the permission of the competent authority.
The staff of the Marriage Tribunal are always ready to help and to answer any questions: 604-683-0281, ext. 50263.