The Reform of Canonical Marriage Procedures and its Effect on Spanish Law

Abstract

This article analyses the impact of the 2015 Reform of Canonical Process on the recognition of civil effects to ecclesiastical judgments about marriage nullity in Spain. It departs from an historical overview of canon marriage regime in the State and the Concordats and follows with an explanation of the Spanish marriage system. The analysis focuses on the conditions required to ecclesiastical judgments to be declared adjusted to the State Law in order to have civil effects. This study takes into account the relevant jurisprudence of the Constitutional Court and the Supreme Court as well as the new Spanish legislation on the issue, including Law 29/2015, of international legal cooperation in civil matters.