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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]
A natural marriage, while recognized as valid, is classified as not confirmed (non ratum) and can be dissolved for the sake of the higher good of a person's faith. [ 7 ] If at any time, even after separation, the non-baptized party receives baptism, the marriage becomes sacramental and the "favor of the faith" no longer applies.
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.
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]
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
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 ...
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 ...