Posted on 09/08/2015 4:33:38 AM PDT by markomalley
Pope Francis has radically reformed the Catholic Church's process for annulling marriages, allowing for fast-track decisions and removing automatic appeals in a bid to speed up and simplify the procedure.
Francis issued a new law Tuesday regulating how bishops around the world determine when a fundamental flaw has made a marriage invalid. Catholics must get this church annulment if they want to remarry in the church.
(Excerpt) Read more at foxnews.com ...
I've looked briefly through this and it doesn't really seem all that radical, but I'm no canon lawyer.
The thing that concerns me is the drop of the appeal. I wonder how many innocent spouses will be damaged as a result of this (pressure from the spouse or from the diocese to simply let it drop rather than appealing the case).
While Can. 1060 (Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven) was not changed by this Motu Proprio, I wonder if this Motu Proprio will have that same effect.
What God has joined together....
What God has joined together....
Don’t know about any of that, but this Pope is one weird dude.
Bears repeating.
The annulment process is supposed to make a determination that the bond of marriage never actually existed in the first place.
Some spouses however (once determined the marriage was false to begin with) out of spite make life difficult for the other to move on. I know, I’m going through the process of annulment.
I have never understood this. How is a marriage that is consummated, perhaps even results in children, annulable? How can what is clearly a marriage be severed on the basis that it never happened?
Maybe the appeal was a waste of resources because, good or bad, almost always upheld the original decision anyway? Just a guess
Consummation must be accompanied with the proper consent, otherwise every visit to a prostitute would constitute a marriage. If one of the parties did not intend that the marriage would be permanent (until death do us part), exclusive, and open to children, if they were unable to give consent (because of compulsion or mental defect), if they elicited the consent of the other through fraud, if they were not free to enter into a marriage, or if they were too closely related then there is no marriage despite it being consummated.
False pretenses going into the marriage, deception.
Some of the other things are duress or being pressured into the marriage.
Non-consummation has often been a factor in the ease of getting a civil annulment -- which (my impression is) you don't much hear of nowadays unless you're a fan of, say, 30s movies or Jane Austen.
Ahh I see, thanks much. The concept of “consent” certainly resolves many issues.
If you visit a prostitute; you two do become one flesh.
Thought the Pope was infallible. Some peoples’ faith in something can not be broken, no matter how corrupt it becomes. Democrats, for example...
I thought he was only infallible when speaking ex cathedra.
“If one of the parties did not intend that the marriage would be permanent (until death do us part)...”
That loophole would allow ANY marriage to be annulled. By definition, someone who is seeking a divorce has obviously decided marriage is NOT “until death do us part”...backdating it then becomes easy enough.
Only in matters of faith and morals, not matters of process or procedure. And only when speaking ex cathedra.
“What God has joined together....”
Francis can do away with, free of charge, with none of that messy “red tape” like a thorough and competent investigation, and as an incentive for applying for the “annulment” you get a new Francis phone. And about that money that was going to be spent on the annulment, well just go ahead and donate it to the Obama/Francis Global Warming Initiative.
This is horrible, but only the start of what francis calls then” god of surprises” has in store.
The apostasy of the Church foretold in the Scriptures in gaining steam very quickly as the abomination that makes desolate is now sitting in the temple.
This can only last a short period before Jesus returns and Judgement Day is here.
Catholics need to be married before a priest. Before such marriages are done the couple meets with the priest for marriage formation. They are instructed about the Church teaching concerning the nature of marriage and its indissolubility. They are required to give their consent to this teaching. It is not simply a question of latter saying that they did not mean it. The presumption is in favor of the bond of marriage. They must provide evidence that at the time they were being dishonest in their public consent.
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