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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]
A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never ...
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
In a ratum the valid marriage bond is dispensed from, while in a Declaration of Nullity a marriage is declared to have been null from its beginning. A ratum ends, for a just reason, a marriage that truly is (although never irrevocably and sacramentally "sealed" by consummation) while a Declaration of Nullity juridically declares that a marriage ...
It was promulgated in the 16th century by the Council of Trent in the decree called Tametsi. Prior to that time, an unwitnessed exchange of marriage vows was deplored but valid. The decree was enforced only in those regions where it could be proclaimed in the vernacular. [1]
In essence, it is an extension to marriages between a baptised and a non-baptized person of the logic of the Pauline privilege, the latter being dissolution of a marriage between two non-baptized persons to enable one of them, on becoming a Christian, to enter a Christian marriage.
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.