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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.
Declaration of Nullity. Dignitas connubii; Matrimonial Nullity Trial Reforms of Pope Francis; Vetitum; Defender of the Bond; Impediments to Marriage. Affinity; Clandestinity; Impediment of crime; Disparity of cult; Ligamen; Public propriety; Matrimonial dispensation. Ratum sed non consummatum; Sanatio in radice; Natural marriage. Pauline ...
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. [22] [23]
According to Cardinal Julián Herranz, then-president of the Pontifical Council for Legislative Texts which issued the instruction, the purpose of Dignitas connubii was to give the ministers of justice (tribunal officers) a practical and convenient guide for handling tribunal work in matrimonial nullity processes. [2]
The pope can dispense from canon law in all cases that are not contrary to Divine law—except in the case of vows, espousals and marriages ratum sed non consummatum, or valid and consummated marriages of neophytes before baptism. In doubtful cases, however, he may decide authoritatively as to the objective value of the doubt.
Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one. The authority for the pope to exempt an individual or situation from a law stems from his position as the Vicar of Christ, which implies divine authority and knowledge as well as jurisdiction. [10]
Declaration of Nullity. Dignitas connubii; Matrimonial Nullity Trial Reforms of Pope Francis; Vetitum; Defender of the Bond; Impediments to Marriage. Affinity; Clandestinity; Impediment of crime; Disparity of cult; Ligamen; Public propriety; Matrimonial dispensation. Ratum sed non consummatum; Sanatio in radice; Natural marriage. Pauline ...