The instructing stage of marriage nullity process : a critical analysis

Abstract

Marriage is the cornerstone of a Catholic family. This dissertation attempts to answer the following research questions. Why did the Catholic Church feel the need to establish marriage nullity processes? Is the Instructing Stage of a marriage nullity process achieving the purpose it was established for? Is there anything that could be changed or done differently to make ecclesiastical marriage nullity process fairer and smoother? The procedure for canonical marriage nullity cases was established to protect the rights of those seeking the Roman Catholic Church’s assistance. The Church responded positively to the pleas of troubled couples and cases for marriage nullity cases brought before the ecclesiastical tribunal are not merely regarded as numbers but as distressed humans challenging the validity of their marriage. The ecclesiastic tribunal can only reach a positive declaration of nullity through moral certitude and truth by gathering proofs. This dissertation gives a brief insight into the historical development of the marriage nullity process, with particular attention given to the canons established in the 1917 Corpus Iuris Canonici, the 1983 Code of Canon Law, the Instruction Dignitas Connubii and the motu proprio Mitis Iudex Dominus Iesus. Other sources such as papal allocutions, conciliar and post-conciliar documents and Rotal Jurisprudence are mentioned to allow a better understanding of the changes the matrimonial nullity process underwent throughout the centuries. This work contemplates the Instructing Stage in the canonical marriage nullity process, examining the whole process of this stage including the collection of proofs, listening to the couples and witnesses’ accounts and the publication of the Acts till the very end of each Case. Particular emphasis is given to the recently introduce Briefer Process and the requirements needed for its eligibility. A brief overview is provided of the Incidental Cases which can hinder the procedure if not tackled on time. Finally, the strengths and limitations of the present marriage nullity process in the Church are presented and an examination of whether the method of instruction can be improved, which changes are possible and realistic, and what are the main challenges for such amendments.