Annulments to be speeded up

Pope Francis announced a substantive reform of marriage nullity procedures on Tuesday that will allow the process to be quicker, less expensive and give increased power to local Churches. 

With two documents, issued motu proprio (“by his own initiative”), Francis has removed the requirement for an automatic review of each nullity decision while allowing a local bishop to offer a speedy declaration where both parties agree on the nullity of the marriage and the details of the case are straightforward.

With the removal of the automatic appeal of each decision, a single judgment is considered sufficient with one judge, working under the bishop, to be appointed to oversee this process. This does not, however, remove the right of a party to appeal a decision.

The changes, which become part of canon law, are the fruit of  a commission to look into the annulment process announced by Francis last September.

For many years bishops have called for a change to the annulment procedures which have been criticised as lengthy, laborious and expensive. As Buenos Aires Archbishop, Francis saw his niece María Inés Narvaja wait four years for her partner’s annulment.

The announcement this week also states that bishops’ conferences should ensure the nullity “processes are free” as far as is possible. Cases that end up in a lengthy appeal process can be very costly in legal fees. However, the money that people pay for an annulment normally covers the costs of the running of a diocesan marriage tribunal which oversees the process. 

A declaration of nullity states that a church marriage was invalidly contracted. The reasons given for this include a lack of genuine consent, lack of psychological capacity or the refusal by one spouse to have children: these remain unaltered by Tuesday’s announcement. After receiving an annulment a Catholic is free to marry in church.

In an introductory letter to one of the documents, Mitis Iudex Dominus Iesus (The Gentle Judge, the Lord Jesus) the Pope admits that speedier nullity procedures might “endanger the principle of the indissolubility of marriage”. Canon lawyers have resisted changes to annulments on these grounds.

But Francis went on to say that he has given responsibility to local bishops to judge the speedier nullity process because they can best guarantee “Catholic unity in faith and in discipline”.

The changes also give power to local metropolitan sees to hear appeals. Delegating to local churches in this way is in keeping with Francis’ desire to see greater collegiality (the Pope governing with the bishops) and synodality (the participation of the local Churches in governance).

Mitis Iudex Dominus Iesus was released alongside Mitis et Misericors Iesus (The Meek and Merciful Jesus) which makes similar changes to canon law for Oriental Churches. They come into effect on 8 December, the start of the Jubilee Year of Mercy.