Some Common Questions on the Three Processes for the Declaration of Nullity of Marriage in the M.P. Mitis Iudex

Abstract

The preamble to the motu proprio “Mitis Iudex” indicates its purpose in these terms: to favor “not the nullity of marriages but the celerity of the processes as well as a just simplicity so that, because of the delayed resolution of the trial, the heart of the faithful who await the clari cation of their sta- tus may not at length be oppressed by shadows of doubt.” At the same time, Pope Francis has wished to underscore the “judicial and not the administrative” nature of the new process (declarative and not constitutive), since “the need to protect the truth of the sacred bond to the highest degree” demands it. Such protection is further ensured by the greater presence of the diocesan Bishop. The author of this commentary brie y and with necessarily provisional conclusions dwells upon some of the essential elements of the reform: a) the normative nature of the Ratio procedendi, b) the personal exercise of the judicial power of the diocesan Bishop, c) some of the institutes required by the declarative nature of this power, and d) the abrogation of the obligation of a double conforming sentence while preserving the right of appeal.