Being a predominantly Catholic country, many Filipinos are still deeply

conservative when it comes to marriage. It is the only country in the

world, aside from the Vatican, where divorce is still illegal.

But a latest bill, which seeks to legalize Church-decreed annulment, may

be one step to changing this.

The bill has recently been approved by the House Committee on

population and family relations, reports Inquirer. net.

Once enacted into law, the Church-decreed annulment bill will allow the
dissolution or annulment of any marriage that has been legally performed
by any church or religious organization, whether the union was
solemnized by a priest, pastor, minister, rabbi, or imam.

Under the proposed bill, the corresponding church shall issue the “final
judgment of annulment” and record it within a month with the civil
registry concerned.

The bills states that both parties involved must present a certified true
copy of the decree of declaration of dissolution or annulment of marriage
when obtaining a marriage license.

How the separation of Church and State will affect Church-decreed

annulment
Grounds for annulment require proof that there has been failure on the
part of one spouse to fulfill his or her marital duties and obligations.

In some cases, there must be clear psychological incapacity, such as

failure to support family, drug addiction, absence, or alcoholism. These
specifications are largelt informed by the fact that the law was written
based on Catholic Canon Law.

Because the separation of Church and State still stands, civil annulment
and Church annulment have been two different processes. But once this
bill becomes a law, Church-decreed annulment will hold as much weight
and have the same effect as a civil annulment.

Church-decreed annulment will have the same effects as a Civil

annulment under the proposed bill “For the predominant Catholics of our
country, it is a sacrament and marriage is not considered valid insofar as
Catholics are concerned unless celebrated in accordance with the
solemnities of the church. Marriage, therefore, is an element in the
exercise of religious freedom,” the bill’s principal author, Deputy
Speaker and Cebu Rep. Gwendolyn Garcia tells Manila Bulletin.

“So logically, if the marriage, insofar as the contracting parties are

concerned, is validated by the laws of the Church, then it necessarily
follows that by the same laws, such marriage can also be invalidated or
annulled.”

Pope Francis’ views on Annulment

In late 2015, Pope Francis declared major changes in the process of
Church annulment worldwide, including making it free of charge,
dropping automatic appeals, and giving local bishops more of a role in
the process, to make the process easier and quicker.

In the Philippines, the entire process takes about 1 to 2 years. In some

cases, even more. The cost ranges from 200,000 to 250,000 pesos.

But this still left the issue of whether a Church-decreed annulment can
dissolve a marriage and allow both former spouse to legally remarry.

The aforementioned bill hopes to change all of this, making the effects
Church-decreed annulment similar to a civil annulment.
In the Catholic Church, a declaration of nullity, commonly called an
annulment and less commonly a decree of nullity,[1] is a judgment on the
part of an ecclesiastical tribunal determining that a marriage was
invalidly contracted or, less frequently, a judgment determining that
ordination was invalidly conferred.
A matrimonial nullity trial,[2] governed by the church's canon law, is a
judicial process whereby a canonical tribunal determines whether the
marriage was void at its inception (ab initio). 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 existed.[3]
The Catholic Church teaches that, in a true marriage, one man and one
woman become "one flesh" before the eyes of God.[4] Various
impediments can render a person unable to validly contract a marriage.
Besides impediments, marriage consent can be rendered null due to
invalidating factors such as simulation or deceit, or to psychological
incapacity.
For this reason (or for other reasons that render the marriage null and
void) the Church, after an examination of the situation by the competent
ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the
marriage never existed. In this case the contracting parties are free to
marry, provided the natural obligations of a previous union are
discharged.
— Catechism of the Catholic Church (CCC 1629)[5]
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. If the lower courts
(First and Second Instance) were not in agreement, the case went
automatically to the Roman Rota for final decision one way or another.
Reasons for nullity
Certain conditions are necessary for the marriage contract to be valid in
canon law. Lack of any of these conditions makes a marriage invalid and
constitutes legal grounds for a declaration of nullity. Accordingly, apart
from the question of diriment impediments dealt with below, there is a
fourfold classification of contractual defects: defect of form, defect of
contract, defect of willingness, defect of capacity. For annulment, proof
is required of the existence of one of these defects, since canon law
presumes all marriages are valid until proven otherwise.[7]
Defect of form: If the marriage ceremony is invalid (e.g. two Catholic
persons being married outside of the Catholic Church)
Defect of contract: If it was not a marriage that was contracted, such as if
there was a defect of intent on either side. This can occur if either party
lacked the intent to enter into a lifelong, exclusive union, open to
reproduction. In the Church's understanding, the marriage contract can
only be between a woman and a man.
Defect of will: Because of "mental incapacity, ignorance, error about the
person, error about marriage, fraud, knowledge of nullity, simulation,
conditioned consent, force or grave fear".[8]
Defect of capacity: If either party were married to another and thus unable
to enter into the contract. Also, certain relationships of blood render the
parties unable to enter into contract.
Lack of canonical form
Members of the Catholic Church are required to marry in front of a priest
(or deacon), and normally with at least one other witness, which can be a
layperson. The priest or deacon is not the minister of the sacrament; the
man and wife are the ministers by exchanging vows, though the cleric
presides over the exchange of the vows and any Mass or nuptial liturgical
celebration (CCC 1630). If one of the parties is Catholic, but there is a
serious reason why the marriage should be celebrated in front of a civil
servant or a non-Catholic minister, a dispensation can be granted. If no
dispensation was granted and the couple did not observe this law, the
marriage is considered invalid. Because the nullity of the marriage is
clear from the circumstances there is no need for a canonical process to
issue a Declaration of Nullity. The correction of this invalidity requires
the couple to exchange their consent according to canonical form
(commonly called "convalidation").
Impediments
Main article: Canonical impediment
If one of the parties were prohibited from marrying by a diriment
impediment (from the Latin for "interrupting"), the marriage is invalid.
Because these impediments may not be known at all, the marriage is
called a putative marriage if at least one of the parties married in good
faith.
Diriment impediments include:
One or both parties is below the absolute minimum age of 16 for males
and 14 for females[9]
Antecedent and perpetual impotence (not to be confused with
sterility)[10]
Ligamen, or being already married[11]
The situation in which one party is a Catholic and the other has not been
baptized (unless a dispensation is granted)[12]
The man was ordained to holy orders[13]
Either party made a public perpetual vow of chastity in a religious
institute[14]
Abduction with the intent of marriage (known as raptus), is an
impediment as long as the person remains in the kidnapper's power[15]
Impediment of Crime, bringing about the death of one's spouse, or the
spouse of another, with the intention of marriage[16]
Consanguinity, or close relationship by blood, even if the relationship is
only by law[17]
Affinity, or close relationship by marriage[18]
Some of these laws can be relaxed by a dispensation before the ceremony.
For example, Catherine of Aragon and Henry VIII of England received a
dispensation from the impediment of affinity (Catherine had previously
been married to Henry's brother Arthur, who died). Henry later based his
request for annulment from Catherine (which largely led to the
reformation of the Church of England) on the grounds that the
dispensation was improperly given in that his father, Henry VII, had
pressured the Archbishop of Canterbury into granting the dispensation.
The correction of this invalidity after the marriage requires first that the
impediment has ceased or has been dispensed, and then a "convalidation"
can take place or a sanatio in radice can be granted to make the marriage
valid.
Grounds for nullity
A marriage may be declared invalid because at least one of the two parties
was not free to consent to the marriage or did not fully commit to the
marriage.
Grounds for nullity include:
Simulation of consent; that is, the conscious and positive exclusion at
consent by either or both of the contracting parties of one or all of the
essential properties or "goods" of marriage: a) exclusivity of the marital
relationship; b) the permanence of the marital bond; c) openness to
offspring as the natural fruit of marriage (canon 1101§2)
Deliberate deceit about some personal quality that can objectively and
gravely perturb conjugal life (canon 1098)
Conditional consent, if the condition at the time of marriage concerns the
future, or if it concerns the past or present and is actually unfulfilled
(canon 1102[19])
Force or grave fear imposed on a person to obtain their consent (canon
1103)
A serious lack of the discretion of judgment at consent concerning the
essential matrimonial rights and obligations to be given (canon 1095 n.2)
Psychic incapacity at consent to undertake the essential obligations of
marriage (canon 1095 n.3).
According to Canon 1095 a marriage can be declared null only when
consent was given in the presence of some grave lack of discretionary
judgment regarding the essential rights and obligations of marriage, or of
some real incapacity to assume these essential obligations. Pope Benedict
XVI in his address to the Roman Rota in 2009,[20] echoing words of his
predecessor John Paul II, has criticized "the exaggerated and almost
automatic multiplication of declarations of nullity of marriage in cases of
the failure of marriage on the pretext of some immaturity or psychic
weakness on the part of the contracting parties". Calling for "the
reaffirmation of the innate human capacity for matrimony", he insisted
on the point made in 1987 by John Paul II that "only incapacity and not
difficulty in giving consent invalidates a marriage".[21]
Process
Marriages annulled under the Catholic Church are considered as void ab
initio, meaning that the marriage was invalid from the beginning. Some
worry that their children will be considered illegitimate if they get an
annulment. However, Canon 1137 of the Code of Canon Law specifically
affirms the legitimacy of children born in both valid and putative
marriages (objectively invalid, though at least one party celebrated in
good faith). Critics point to this as additional evidence that a Catholic
annulment is similar to divorce; although civil laws regard the offspring
of all marriages as legitimate.
However, there are some significant differences between divorce and
annulment. Divorce is concerned merely with the legal effects of
marriage. Annulment, however, is also concerned with the reality of
whether or not a true marriage was ever formed. This leads to the second
difference. At least in most countries, divorce is always possible.
However, not all applications for marriage nullity are granted.
An annulment from the Catholic Church is independent from obtaining a
civil annulment (or, in some cases, a divorce). Although, before
beginning a process before an Ecclesiastical Tribunal — it has to be clear
that the marriage cannot be rebuilt. Some countries, such as Italy, allow
the annulment process to substitute for the civil act of divorce. In many
jurisdictions, some of the grounds the Catholic Church recognizes as
sufficient for annulment are not considered grounds for a civil annulment.
In such cases, the couple will often need to be divorced by the civil
authorities to be able to remarry in the jurisdiction. Once the Church
annuls a marriage it would generally prefer that the marriage be
subsequently annulled by the civil courts. However, should this not prove
feasible, a civil divorce is acceptable.
If someone has been married previously and the first spouse is still alive,
he or she must have received a Declaration of Nullity before entering into
a marriage in the Catholic Church, even if neither party in the marriage
was Catholic (privilege of faith being separate cases). The Catholic
Church treats as indissoluble and valid every marriage when it is the first
marriage for both parties. However, the church does not recognise as
valid a marriage when one of the parties is Catholic but the marriage was
not celebrated before a Catholic priest (unless a dispensation was first
obtained).
Canon law presumes that all marriages are valid until proven
otherwise.[22] Annulment respondents who want to use canon law to
defend their marriage against declarations of invalidity have the right to
have a competent advocate assisting them. An advocate is like a lawyer.
Respondents have the right to read the petition (called libellus, meaning
"little book") of the petitioner. The petition must describe, in a general
way, the facts and proofs that the petitioner is using as the basis for
alleging that parties' marriage is invalid. It is necessary that tribunal
judges study the jurisprudence of the Roman Rota, since the rota is
responsible to promote the unity of jurisprudence and, through its own
sentences, to be of assistance to lower tribunals (Dignitas Connubii, art.
35, citing Pastor bonus, art.126). Annulment respondents can use case
law from the Roman Rota to support their defense of marriage. Roman
Rota decisions are available at Msgr. Cormac Burke's website.[23]
In order to obtain a declaration of nullity, the parties must approach a
Catholic diocesan tribunal. Most applications for nullity that are heard by
the tribunal are granted because one or both of the parties are judged to
have given invalid consent. In order to give valid consent, the parties
must give it freely. They must have a basic understanding of what they
are doing and have given some thought and evaluation to their decision
to enter marriage (1983 CIC, Canon 1095). They must be capable of
fulfilling the promises they make on the wedding day; that is, not suffer
from any psychological infirmity (Canon 1095) that will prevent them
from giving themselves in a partnership of the whole of life that has as
its ends the good of the spouses and the procreation and education of
children (canon 1055). They must intend the words that they speak on the
wedding day; that is, intend to form a permanent and faithful partnership,
open to sexual acts that are procreative (canon 1101). Serious failures in
these areas can allow a possible successful application for marriage
nullity. There are other reasons that might justify an allegation of invalid
consent, such as a serious error concerning the person to whom marriage
promises are made (Canon 1097), one party being seriously deceived by
the other at the time of the wedding (Canon 1098) or one of the parties
being subjected to force or grave fear without which the marriage would
not be occurring (Canon 1103).
Church tribunals are courts. As with any court,[dubious – discuss] the
person bringing the matter before the judges must prove his or her case.
Tribunals will advise applicants as to how they can present the evidence
necessary to prove a case. Approximately 94% of petitions filed in the
United States are granted, and although the United States has only 6% of
the world's Catholics, it accounts for 60% of the annulments granted
worldwide,[24] leading many to conclude that an annulment is merely
the Catholic divorce. Even Pope John Paul II expressed concern over the
relative ease with which an annulment can be obtained in the United
States.[25] The tribunal judges always have the difficult task of
distinguishing those unions that were flawed from the outset from those
valid marriages that have broken down.″[citation needed]
Numbers
Worldwide, diocesan tribunals completed over 49, 000 cases for nullity
of marriage in 2006. Over the past 30 years about 55 to 70% of
annulments have occurred in the United States. The growth in
annulments has been substantial; in the United States, 27,000 marriages
were annulled in 2006, compared to 338 in 1968.[26]
Other considerations
Pope John Paul II and Pope Benedict XVI were worried about the ease
with which annulments are granted by courts, especially when premised
on ill-defined grounds such as "immaturity or psychic weakness" or
"psychic immaturity", [27] an expression of concern that the term,
"annulment" is being treated as synonymous with "divorce".
Pope Francis, after Cardinal Quarracino, expressed worries over the fact
that probably "half of all marriages are null" [28] in the light of canon
law. This observation was one of the reasons for calling an extraordinary
synod of bishops on the family for October 2014.[29] Pope Francis later
reformed the matrimonial nullity trial process in 2015.
A declaration of nullity made by the Catholic Church is distinct from a
civil divorce. A civil divorce may serve as proof for the ecclesiastical
tribunal that the marriage community cannot be rebuilt. In some
countries, such as Italy, in which Catholic Church marriages are
automatically transcribed to the civil records, a Church declaration of
nullity may be granted the exequatur and treated as the equivalent of a
civil divorce.
Catholic view of Eastern Orthodox process
Annulments granted by Eastern Orthodox tribunals
The Code of Canons of the Eastern Churches (CCEO), the body of
Oriental canon law for the Eastern Catholic Churches, in Canon 780
follows the Second Vatican Council's teaching that the tribunals of the
Eastern Orthodox Churches have a valid annulment process to declare a
marriage null.[30] If an Orthodox tribunal holds that the marriage was
invalid from its inception, that decision would be accepted by a marriage
tribunal in the Catholic Church.[citation needed]
Eastern Orthodox economy
Some of the Eastern Orthodox Churches allow a second or third marriage
in oikonomia ("economy"), which is not permitted in the Catholic
Church. This concept states that the first marriage was valid and the
second is allowed in the economy of salvation. The Catholic Church
would see this as contrary to divine law and therefore invalid. The same
impediment would exist as with divorce or "dissolution" of a bond
(annulment) that is not in the favor of the faith.[31]
Declaration of nullity of ordination
The term "declaration of nullity" can also apply to cases in which
ordinations are invalidly conferred.[32]
Notable Catholic annulments
The marriage of US Senator Edward Kennedy and his wife Joan was
officially annulled after Edward claimed he had not been truthful at the
time of getting married when he vowed to be faithful to his spouse.[33]
Joseph Kennedy II's marriage to Sheila Rauch Kennedy was annulled
after he claimed lack of mental fitness to enter into the marriage; this
annulment was later appealed by Sheila to the Vatican, which overturned
the ruling in 2007.[34]
Eadwig, King of the English, has his marriage to Ælfgifu, annulled on
grounds that they were too closely related.
Louis VII of France and Eleanor of Aquitaine had their marriage annulled
by a papal court in 1152 as they were distant cousins, after the birth of
two daughters and despite a proclamation by Pope Eugene III in 1149
that no word could be spoken against their marriage and that it might not
be dissolved under any pretext; each would go on to marry closer cousins.
MARRIAGE ANNULMENTS
22
Liturgy/Sacraments
Mass & Confession Times
Eucharistic Adoration
Baptism
Reconciliation
Holy Eucharist
Confirmation
Matrimony
Holy Orders
Anointing of the Sick
Marriage Annulments
What is an annulment?
An annulment (sometimes called a “declaration of nullity”) is a formal
statement by a Church Tribunal that a particular marriage lacks one or
more of the essential qualities or “grounds” that are required in order for
it to be considered valid.
What is a Marriage Tribunal?
There is usually a Marriage Tribunal set up in each Arch/diocese to deal
with petitions for declarations of nullity (annulments). A Marriage
Tribunal consists of people-- priests, religious sisters and lay people—
who have some knowledge and expertise in the process. These people
fulfill several different roles.
A Tribunal operates according to the Canon Law of the Church and, in
some ways, functions like a court. But the difference is that—unlike a
civil court—a Tribunal exists for pastoral reasons, and you will be treated
with as much sensitivity as possible. The concern of the Tribunal is never
to assess guilt. Rather, the role of the Tribunal is to gain a clear
understanding of why a marriage failed, in order to free the parties and
empower them to move on with their lives and pursue the possibility of
marriage in the Church.
How does the annulment process work?
If a marriage breaks down, either of the spouses may petition, or ask, the
Church for a declaration of nullity (annulment). A Church Tribunal
(something like a court) examines the circumstances that led to the
marriage and any problems that followed. This usually involves
interviewing the spouses and some witnesses that the spouses name as
having some insight into what went wrong. Following this investigation,
the Tribunal may conclude that the marriage was not a valid one.
Every marriage that is validly celebrated is presumed to be valid until it
is proven otherwise.
How long does the annulment process take?
An annulment case moves through two distinct phases:
The gathering of evidence:
Persons are interviewed
Any pertinent documents, letters, medical records or psychiatric
assessments are obtained.
The case is studied and a judgment is made.
After a judgment is given, the decision must be reviewed by an Appeal
Tribunal. The Canadian Appeal Tribunal in Ottawa performs this role for
all the arch/diocesan tribunals in Canada.
The entire process takes approximately 1-2 years, depending on the
availability of witnesses and the complexity of the case.

Is there a cost for the process?
Yes. Because of the expenses involved in maintaining the Tribunal
Office, paying the salaries of staff members and sometimes enlisting the
service of various experts, such as doctors or psychiatrists, the cost can
range from $1000.00 - $1500.00. In the Archdiocese of St. John’s, a
standard fee of $900.00 is requested. This is normally paid by the person
who asked to begin the process, the petitioner. For those in financial
difficulty, this charge may be reduced or waived entirely.
Will a declaration of nullity (annulment) affect the status of any children
born of the marriage?
No. There is no way of denying that the couple were married for a period
of time, during which the marriage was presumed to be valid. Children
born of this marriage remain legitimate in the eyes of both Church and
Civil Law.
Are people who separate or divorce prevented from receiving the
Sacraments?
No. People who separate or divorce for reasonable cause are free to
receive the Sacraments. This means that people who are separated or
divorced, as long as they are not re-married outside the Church, can freely
come to Mass and receive the Eucharist, celebrate the Sacrament of
Reconciliation, or ask to receive the Sacrament of the Sick in times of
illness.
Why would I need an annulment?
While the Catholic Church believes that marriage is a life-long
commitment, it is a reality that some marriages break down. At some later
point, either of the two parties may wish to re-marry in the Church. A
declaration of nullity would permit them to celebrate a new marriage in
the Church and to continue to participate fully in its Sacramental life.
What is the difference between an annulment (declaration of nullity)
granted by the Church and a divorce granted by a civil court?
Well, the first difference is just that. an annulment, or declaration of
nullity, is granted by the Church. A divorce is granted by a civil court.
In Canada, a church wedding fulfills not only the Church’s requirements,
but also the requirements of civil law, and so is recognized by both
authorities. If the marriage should break down, the civil law permits a
new marriage if a divorce is granted by the competent court of law. In a
similar way, the Church will only permit and recognize a new marriage
if one of its tribunals (or courts) grants an annulment or declaration of
nullity.
Marriage takes place on two levels –the civil contract and the sacramental
bond. When a couple marries in church the sacramental bond is created
between them by God as they declare their vows. The civil contract is
created as they sign the legal papers. Both are done in the same ceremony.
When a marriage is dissolved it must be done at both levels by the
relevant authority: the civil courts dissolve the legal contract and then the
church courts declare that the sacramental bond of marriage would not
have been created by God if there was something lacking in the consent
given by either one of the couple. Therefore the sacrament of marriage
was not ‘created’ by God, and so it is said to be null – an annulment.
The questions asked by a Tribunal will be somewhat different than those
asked by a civil court. The intent is to determine whether there was any
factor that limits full and informed consent. Some of the factors could be:
Youth and immaturity;
External circumstances (e.g. pregnancy, family or other pressures);
Insufficient knowledge of the other person;
Insufficient knowledge of the responsibilities that marriage really entails.
What are some of the “grounds” on which an annulment (declaration of
nullity) could be granted?
There are a number of “grounds,” on which an annulment (declaration of
nullity) might be granted. It is best to discuss these from the perspective
of what is required for a marriage to be considered valid in the eyes of
the Church. So… the Church considers that there are four characteristics
that work together to make a valid marriage. They are:
It is permanent, enduring until the death of one of the parties;
It is open to having children, and to supporting and educating them;
It is a faithful and exclusive relationship, and
It is a relationship of love and trust.
A Tribunal would examine how both parties in the marriage responded
to these four characteristics. The Tribunal would ask:
Did each have sufficient freedom and maturity to properly judge whether
they were ready for the responsibilities of marriage with this particular
person at the time the marriage began?
Did one or the other intend to exclude one or more of these characteristics
at the beginning of the marriage?
Were the parties psychologically capable of living a marriage that would
express, to an adequate degree, these four characteristics?
Who can ask a Church Tribunal for an annulment (declaration of nullity)?
Any Catholic who has separated or is divorced from his/her spouse may
apply, provided that all possible means of reconciliation have been tried
and failed. It sometimes occurs that a non-Catholic who is divorced now
wishes to marry a Catholic. Because the Catholic Church upholds the
validity of most marriages, it would be necessary for that person to have
his/her earlier marriage examined by the Catholic Marriage Tribunal and
to obtain a declaration of nullity so that he/she may now marry a Catholic.
How do I begin this process?
If you want to begin the annulment process…
You should contact your parish priest or another pastoral leader in your
parish.
He/she will ask you to fill out some forms.
He/she will write up a short “case history,” or a summary of the problems
that were encountered in the marriage.
You will be asked to provide the names of at least three (3) people, other
than you and your former spouse, who would have some knowledge of
the circumstances of your courtship and married life, and would be
willing to be interviewed by a member of the Tribunal.
The file will then be sent on to the Archdiocesan Marriage Tribunal.
What information will I need?
You will need the following information (if it applies):
Baptism (and Confirmation) certificates
Marriage certificate
Divorce certificate (Decree Absolute)
Contact information for you and your former spouse
Does my former spouse have to be informed?
Yes. Your former spouse has to be informed, because a declaration of
nullity will affect them and their freedom to re-marry in the Church. It
should be noted that, while a former spouse may assist in this process,
their objection to the process cannot prevent it.
1) What is an annulment? Is it the same thing as a divorce?
An annulment (formally known as a “declaration of nullity”) is a ruling
that a particular marriage was null from the beginning—that is,
something was gravely wrong at the time the time the wedding vows were
made and it prevented a valid marriage from coming into existence.
This is different than a divorce, which proposes to dissolve a marriage
that is in existence.
2) Why are annulments an important issue in the Catholic Church?
Jesus Christ expressly taught that if two people divorce and then remarry,
they are committing the grave sin of adultery. He taught:
“Whoever divorces his wife and marries another, commits adultery
against her; and if she divorces her husband and marries another, she
commits adultery” (Mark 10:11-12).
Because of this teaching, the Church cannot simply give divorced people
permission to remarry. To do so would be to give them permission to
commit adultery.
Consequently, if a divorced person wishes to remarry, the Church needs
to examine the first marriage to see if it was valid or not.
If it was valid, then the person is still bound to his or her previous spouse
and cannot marry another person.
If it was not valid, then the parties to the first marriage are not bound and
so, unless something else affects the situation, they are free to marry other
people.
The number of people in our society who are divorced makes this a
pressing pastoral problem.
3) How does the annulment process work?
This is a complicated subject, but in simplest terms, the rules governing
annulments are expressed principally in two documents: the Code of
Canon Law, which governs the western Catholic Church, and the Code
of Canons of the Eastern Churches, which governs the eastern Catholic
churches.
When a man and a woman have divorced, they can contact the
appropriate diocese and have their marriage investigated to see if it was
valid.
This process could be simple or lengthy, depending on the nature of the
case and the forms of evidence available.
If their marriage was not valid, they would be given a decree of nullity or
“annulment.”
4) What has Pope Francis done?
He has issued two documents, each of which is a motu proprio. A motu
proprio is a document issued on the pope’s initiative. Such documents are
frequently used to establish or clarify legal matters (as opposed to matters
of doctrine, which are dealt with in other documents, such as encyclicals).
A famous example is the 2007 motu proprio issued by Benedict XVI,
Summorum Pontificum, in which he gave greater permission for the
celebration of the traditional Latin liturgy.
The two documents issued by Pope Francis are:
Mitis Iudex Dominus Iesus (“The Lord Jesus, the Gentle Judge”), which
reforms the annulment process for the Western Church (Latin, Italian),
and
Mitis et Misericors Iesus (“Gentle and Merciful Jesus”), which reforms
the annulment process for the Eastern Catholic churches (Latin, Italian).
At the time of this writing, these documents are available only in Latin
and Italian, though you can use Google to produce a machine translation
of the Italian version using the links above. (Also, here’s a partial,
unofficial translation provided by Vatican Radio.)
These documents were prepared, at Pope Francis’s direction, by a group
of legal experts at the Vatican, whom he appointed to the task in October
2014.
Both documents contain an introduction explaining the pope’s actions
followed by a set of canons that replace the sections on annulments in the
Code of Canon Law and the Code of Canons of the Eastern Churches.
Appended to each document is a set of procedural rules explaining to
bishops (and others) how the new processes are to work.
5) Why has Pope Francis done this?
He did so out of a desire to make the annulment process more efficient.
In many parts of the world, the process has been notoriously slow and
difficult. In some countries, it could be practically impossible to get a
Church court to even hear one’s case, and if a court did take it, it could
take many years to get a ruling.
Thus, as Pope Francis notes, the 2014 Synod of Bishops requested
changes to the annulment process. The Synod wrote:
A great number of synod fathers emphasized the need to make the
procedure in cases of nullity more accessible and less time-consuming,
and, if possible, at no expense.
They proposed, among others, the dispensation of the requirement of
second instance for confirming sentences; the possibility of establishing
an administrative means under the jurisdiction of the diocesan bishop;
and a simple process to be used in cases where nullity is clearly evident.
Some synod fathers, however, were opposed to these proposals, because
they felt that they would not guarantee a reliable judgment.
In all these cases, the synod fathers emphasized the primary character of
ascertaining the truth about the validity of the marriage bond.
Among other proposals, the role which faith plays in persons who marry
could possibly be examined in ascertaining the validity of the Sacrament
of Marriage, all the while maintaining that the marriage of two baptized
Christians is always a sacrament [Relatio Synodi 48].
The new documents seek to make the annulment process more accessible
and less time-consuming.
They do not require the process to be free of charge (dioceses need to pay
the people who work on these cases, and in some cases that means paying
a fee to partially cover the costs), but the procedural norms attached to
the documents do call for the costs to be minimized (see Art. 7 §2).
6) What changes did Pope Francis make to the process?
This is a complicated subject, because he replaced the sections in the two
codes of canon law that deal with annulments. In the case of the Western
code, that means he had twenty-one canons rewritten (canons 1671-
1691).
Some of the changes were slight, but there are too many to go into here.
Among the major changes, as listed in the introduction to Mitis Iudex
Dominus Iesus, are:
Only a single judgment of nullity is required. Until now, in most cases, if
one tribunal determined that a marriage was null, the decision was
automatically appealed to a court of second instance, and only if the
second tribunal agreed was an annulment granted. Now the morally
certain decision of the first court will be sufficient in uncontested cases.
The bishop himself is a judge. Although the bishop has always been the
principal judge in his diocese, previously, the section on annulments did
not establish that the bishop himself was a judge in marriage cases. Now,
in keeping with his role as shepherd of the faithful, it does. In fact, he is
the principal judge in his diocese, to be assisted by others whom he
chooses. The new law thus puts the responsibility squarely on the bishop
as a pastor.
A new, briefer process involving the bishop has been created. Up to now,
there have been two processes for handling annulments: the formal
process (which is the lengthier one involving gathering and weighing
testimony) and the documentary process (which deals with situations
where a marriage can be proved invalid simply by presenting certain
documents, such as showing that a Catholic got married outside the
Church without the required permission). Now there is a middle process
involving the bishop. If the evidences for nullity are especially clear, they
can be presented to the bishop in a process intended to take less time than
a formal process case. However, if the evidences require more
examination, the case is to be referred to the formal process.
Appeals can be made against the judgment of the bishop to the
metropolitan. As a check on the judgment of the bishop, parties can
appeal his decision to the metropolitan bishop (i.e., the bishop who heads
the local ecclesiastical province, composed of several neighboring
dioceses). Or, if it was the metropolitan himself who heard the original
case, appeal can be made to the senior suffragan bishop (i.e., the bishop
in the province with the most seniority, apart from the metropolitan).

7) In what kind of situations can the new, shorter process be used?

According to the procedural norms attached to Mitis Iudex Dominus

Iesus (see Art. 14 § 1), these cases include the following:

lack of faith resulting in the simulation of consent to be married or an

error that determines the will regarding one of the requirements of
marriage

the brevity of married life (i.e., the couple divorced very quickly after
being married)

procured abortion to prevent procreation (presumably during the

marriage itself, prior to bearing other children and thus showing an
unwillingness to procreate)

the stubborn persistence in a extramarital affair at the time of the wedding

or at a time immediately following

the malicious concealment of:

infertility

a serious contagious disease

children born from a previous relationship

an incarceration

a reason for getting married that is completely foreign to married life

(presumably something like entering a legal fiction of a marriage to be
able to immigrate or gain an inheritance) or consisting of the unplanned
pregnancy of the woman

the physical violence inflicted to extort the consent to marry

the lack of use of reason proved by medical documents

8) When does all this take effect?

Not immediately. According to Vatican Information Service, the

effective date is December 8, 2015.

9) Is there more to say about all this?

Lots. However, this will do for an initial look at the subject.