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A cleric's "second review" before nullity can be declared was eliminated. [5] Bishops now have the authority to declare nullity themselves, and in a more efficient manner. [5] The process should be gratis (for free), as long as the tribunal workers can still be paid a just wage. [6] The reforms took legal effect on 8 December 2015. [7]
Dignitas connubii is an instruction issued by the Pontifical Council for Legislative Texts on 25 January 2005 on the discipline to be observed in diocesan and interdiocesan tribunals regarding causes of the nullity of marriage. [1]
The two other Tribunals located there are the Sacred Roman Rota (which is normally the final appellate tribunal of the church for most court cases, especially regarding marriage nullity and ecclesiastical trials and disciplinary procedures), and the Apostolic Penitentiary (which is a tribunal of mercy concerning the forgiveness of sins reserved ...
Dignitas Connubii (Instruction to be Observed by Diocesan and Interdiocesan Tribunals in Handling Causes of the Nullity of Marriage), Pontifical Council for Legislative Texts, Libreria Editrice Vaticana, 2005. ISBN 88-209-7681-1. New Commentary on the Code of Canon Law, ed. by John P. Beal, James A. Coriden, and Thomas J. Green, Paulist Press, 2000
He must be summoned to any trial in which there is question, before a competent judge, of the validity or nullity of a marriage, and any proceeding will be null if he is not duly cited. He must have the opportunity to examine the witnesses, and, orally or in writing, to bring forward whatever arguments may favour the validity of the marriage.
According to the Catholic Church's canon law, the Pauline privilege does not apply when either of the partners was a Christian at the time of marriage. It differs from annulment because it dissolves a valid natural (but not sacramental) marriage whereas an annulment declares that a marriage was invalid from the beginning. [6]
The Tribunal of the Roman Rota has exclusive competence to dispense from marriages ratum sed non consummatum, [2] which can only be granted for a "just reason". [3] This process should not be confused with the process for declaring the nullity of marriage, which is treated of in a separate title of the 1983 Code of Canon Law.
The Pontifical Council for Legislative Texts (PCLT) issued on 24 June 2000 a declaration on the application of canon 915 of the Code of Canon Law to divorced Catholics who have remarried. According to the PCLT, this prohibition "is derived from divine law" and based on the canonical notion of "scandal", which exists even if this kind of ...