The
new rules take effect on Dec 08,2015 and are expected to speed up cases in
which neither spouse is contesting the annulment
These fast-track cases
may be heard as soon as 30 days after a couple files an application,
and at most within 45 days.
The
new procedures also eliminate one of the two church trials that are
required of all couples seeking an annulment, a process that can drag on
for years, at great cost.
“To
ensure that a case doesn’t sleep, tribunals and judges will have to
sleep a little less,” said Msgr. Alejandro W. Bunge, secretary of the
commission that drafted the changes
Pope Francis’ announcement on Tuesday — outlined in two papal documents and
coming after he appointed a special commission on the subject a year ago
— was framed as an effort to fix inefficiencies in the annulment
procedure and not as an endorsement of divorce.
Divorce is a topic that has long splintered many of the Catholic
faithful from the church
Under church law, marriage is indissoluble,
divorce is not recognized, and any Catholic who remarries without
annulling a first marriage is committing adultery
Currently,
the process begins when a spouse, usually assisted by a lawyer,
petitions for an annulment. The other spouse is contacted by a tribunal
of clergymen; the spouse may cooperate, but that is not essential
Evidence is presented, witnesses testify, and then an advocate for the
church, known as the defender of the bond, examines the evidence and
argues that the marriage should not be dissolved
The tribunal issues a
judgment that must be confirmed in another trial before an annulment can
be granted.
More
than half of the annulments granted by the church worldwide go to
Catholics in the United States But even in the United States, the process can be
arduous, requiring testimony and documentation, and can take more than a
year
Tribunals in some dioceses are overloaded with cases
The cost,
up to $1,000, can also be prohibitive, though waivers are available for
those who cannot pay, and some American dioceses have dropped the fees
entirely in recent years.
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