THIS week Pope Francis issued two major documents reforming the Judicial system of the Catholic Church in the areas of Church marriage law.
The Pope introduced the reforms by means of two Apostolic Letters given motu proprio (literally: on his own impulse or initiative) – issued on September 8 (nativity of the Blessed Virgin Mary).
Mitis Iudex Dominus Iesus – or, The Lord Jesus, Clement Judge – reforms the Code of Canon Law (CIC) governing the Latin Church, while the other Mitis et misericors Iesus or Clement and Merciful Jesus – reforms the Code of Canon Law for Oriental Churches (CCEO). Three of the specific changes address the question of the speediness in processing cases involving an accusation of marital nullity.
First, the removal of the need for two conforming judgements from both the court of first instance and the appellate court , meaning that a single trial in the first instance will be considered sufficient for persons, whose presumed marriage has been declared null, to enter into new marriages under Church law. This would apply also to a union that, in the meantime, they have contracted under civil law, be recognised by the Church.
Second, the introduction of the possibility for a single first instance trial judge to be stably established so as to ease the burden on court systems in dioceses lacking in trained personnel.
Third, and most controversially, the creation of an expedited trial process (processus brevior) for certain cases, to be judged directly by the local Bishop, in which the evidence of nullity is abundant, and both parties are firmly convinced their union was null.
Contrary to some reporting in the press, these changes, as far as I can see, do not constitute any change in the Church’s understanding of the nature and fundamental structure of marriage.
In other words, they do not change the Church’s teaching on the indissolubility of marriage. However, they may offer a fresh opportunity for people who are and remain in a difficulty in resolving the nullity of a previous marriage.
If so then please contact the Tribunal of the Melbourne Archdiocese and seek clarification.