Procedural Dynamics in the M.P. "Mitis Iudex"

Abstract

In the recent the motu proprio “Mitis iudex,” Pope Francis made a notable reform of the procedure concerning causes of nullity of marriage. While respecting indissolubility, it has made the process more agile and more responsive to the demands of so many of the faithful who have had a di cult experience of conjugal life. The author explains this new procedure, drawing attention to the guiding foundational principles and the most important aspects from the introductory phase of the cause to the nal decision. Special attention is dedicated to a new kind of process foreseen by the papal legislation: the processus brevior, which is added to the traditional ordinary process and which can be used in causes in which the nullity of marriage is apparently evident from the beginning. The abbreviated process concludes with a sentence issued by the diocesan Bishop, thus assuring a closer proximity of the faithful to their Shepherd.