Pope Francis Has Issued an Important Document, Motu Proprio (On His Own

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Pope Francis has issued an important document, motu proprio (on his own initiative), reforming some aspects of the procedure used for obtaining a declaration of nullity (i.e, annulment). It is called Mitis Iudex Dominus Iesus (The Lord Jesus, The Gentle Judge). The changes it introduces will come into effect on December 8, 2015. Media reports have generated a great deal of interest, and frankly, confusion, regarding the impact of these reforms. Many people have been calling or emailing asking about the changes. Most of the inquiries boil down to, “will this make it easier for me to get an annulment?” and “should I wait until December to apply?”. The reforms are intended to reduce some friction in the process used to determine if a marriage was invalid from the beginning. They are procedural, and do not touch upon the nature of marriage or related doctrinal matters. Nor do they alter the requirement for the ecclesiastical judge to arrive at moral certainty regarding matrimonial nullity. They only change the process used to arrive at that moral certainty. As a result Pope Francis has not made it easier to get an annulment, but rather, potentially quicker to get an annulment. Only two of the changes made will significantly impact those seeking a declaration of nullity in our diocese. First, the elimination of the need for a second decision in favour of the nullity of the marriage in question. After December 8, an affirmative decision rendered by a first instance tribunal will become executive, or final (without prejudice to the right of the parties or defender of the bond to appeal). This means that cases will not require an automatic appeal, thus shortening the process by about three or four months. Second, Pope Francis has introduced a new shorter procedure which can be used when the following two criteria are met: i) both parties are in favour of a declaration of nullity, and ii) the circumstances manifestly suggest the nullity of the marriage, and therefore do not require an involved investigation. This is the so-called “45-day annulment” that the press has been speaking about. Based on cases received in the past, only about 5-10% would meet the two above criteria. For now, it is business as usual in the Marriage Tribunal. If you are interested in pursuing a declaration of nullity, and considering waiting for December to do so, please proceed as usual now (i.e., see our “Guide to Annulments” for more info). For the majority of people there will be no advantage to waiting. .

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