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The reforms were proposed by a group of experts in matrimonial jurisprudence. [2] According to experts at the Vatican, they are the most expansive revision in matrimonial nullity jurisprudence in centuries. The reforms are a departure from the 18th-century matrimonial nullity reforms of the canonist Pope Benedict XIV. [1]
In 2015, the process for declaring matrimonial nullity was amended by the matrimonial nullity trial reforms of Pope Francis, the broadest reforms to matrimonial nullity law in 300 years. [6] Prior to the reforms, a declaration of nullity could only be effective if it had been so declared by two tribunals at different levels of jurisdiction.
On 15 August 2015 Pope Francis issued the motu proprio Mitis Iudex Dominus Iesus, which amended twenty-one canons (1671–1691) to reform the process of determining matrimonial nullity. The document was made public on 8 September 2015. [25] [26]
Papal rescripts are responses of the pope or a Congregation of the Roman Curia, in writing, to queries or petitions of individuals. Some rescripts concern the granting of favours; others the administration of justice under canon law , e. g. the interpretation of a law , the appointment of a judge.
Under the 1983 Code of Canon Law, the discipline of 1917 has been changed; a marriage ratum sed non consummatum can now be dissolved only by a dispensation from the pope or his delegate. [11] The pope has delegated competency for granting such dispensations to the Tribunal of the Roman Rota , one of the ordinary tribunals of the Apostolic See.
Francis: 2015: Reform to the Canons of the Code of Canon that pertain to the marriage nullity cases. [15] Mitis et Misericors Iesus: Francis: 2015: Reform of the canons of the Code of Canons of Eastern Churches pertaining to cases regarding the nullity of marriage [16] Mysterii Paschalis: Paul VI: 1969: Reorganisation of the liturgical year ...
The term "internal forum" is sometimes used in connection with the controversial [9] so-called "internal forum solution" claimed to justify reception of Holy Communion by someone who is convinced that a former marriage was invalid, but who cannot prove this externally so as to obtain a declaration of nullity. This is not a canonical solution.
The Invalid Marriage, by Lawrence G. Wrenn, Canon Law Society of America, 1998. ISBN 0-943616-78-6. Canon Law: A Text and Commentary, by T. Lincoln Bouscaren and Adam C. Ellis, Bruce Publishing Company, four editions. Deals with the 1917 Code of Canon Law. Nullity of Marriage, second edition, by Frank J. Sheed, Sheed & Ward, 1959. Deals with ...