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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.
Omnium in mentem – 2009 motu proprio of Pope Benedict XVI; Magnum principium – 2017 apostolic letter by Pope Francis; Code of Canons of the Eastern Churches – Eastern Catholic code of canon law; Ad tuendam fidem – 1998 apostolic letter by Pope John Paul II; Ex corde Ecclesiae – 1990 apostolic constitution of the Catholic Church
In view of new matrimonial law contained in the decree "Ne Temere" of Pius X this also holds anywhere if a marriage is attempted only before a civil authority or non-Catholic minister of religion. Yet if an ecclesiastical form had been used, and the nullity from clandestinity was questioned, the presence of the defender is required; but if the ...
Petrine privilege, also known as the privilege of the faith or favor of the faith, is a ground recognized in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sake of the salvation of the soul of someone who is thus enabled to marry in the Church. [1]
A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. [1] Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent. [2] [3] However, the children of a putative marriage are legitimate. [4]
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.
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