By reforming the procedures for proving the nullity of marriage, Pope Francis issued two Motu Proprio on 8 September 2015. The Motu Proprio Mitis Iudex Dominus Iesus was intended for the Latin Church, and Mitis et misericors Iesus for the Eastern Catholic Churches. These changes were introduced in response to the request made by bishops during the Synods on the Family held in Rome in 2014 and 2015, which called for simplifying the process of declaring marriage nullity and reducing delays in the procedures. When ecclesiastical tribunals fail to function effectively and decisions in marriage cases are delayed, justice is denied to the parties involved. Considering such situations, Pope Francis introduced, in addition to the existing ordinary and documentary procedures, a shorter judicial process for declaring a marriage null. In the Code of Canons of the Eastern Churches, the canons 1369 to 1373 deal with this briefer process.
Conditions for Using the Briefer Process: This procedure can be applied only under certain specific conditions; hence, not all cases can be resolved through the briefer process.
1. In the initial presentation of the petition before the ecclesiastical tribunal, there must be very clear and evident reasons proving the nullity of the marriage, together with substantial supporting evidence and documentation. Examples of such reasons include: Lack of faith, very brief married life, abortion performed to avoid procreation, extramarital relationships, transmission of serious diseases, impotency, deliberately concealing the existence of children from a previous marriage, forcing a person into marriage, mental incapacity to understand the duties and responsibilities of marriage. The Judicial Vicar must evaluate the petition and decide whether the case qualifies for the shorter process.
2. The petition submitted to the tribunal must bear the signatures of both parties. Without the consent of both spouses, the briefer process cannot be used.
If the Judicial Vicar, after examining the petition, considers that the case falls within the scope of the shorter procedure but finds that the respondent has not signed the petition, he must inquire whether the respondent gives consent.
If the respondent does not reply, the case cannot proceed under the briefer process. Moreover, if both parties do not agree on the grounds of nullity, the shorter process is not permitted.
Role of the Eparchial Bishop: A distinctive feature of this process is that the Eparchial Bishop himself acts as the judge in such cases. The full responsibility for the briefer process rests with the Bishop. However, the Judicial Vicar or another appointed judge will carry out the procedural steps. Before pronouncing his decision, the Bishop must consult with canon law experts. If the nullity of marriage cannot be established through this process, the Bishop cannot declare the marriage invalid; rather, the case must be transferred to the ordinary process.
Appeal and Final Decision: Since the petition is jointly submitted by both parties, there is generally no room for appeal in cases processed under the briefer process. However, the Defender of the Bond or the parties themselves may appeal if sufficient reasons exist. If no appeal is lodged within the prescribed time, the decree of Nullity is issued by the Eparchial Bishop. When a marriage case meets the required conditions, it must be handled through the briefer process. Yet, it is not correct to assume that every case should be decided in this way. This shortened judicial process, envisioned by Pope Francis, is a sign of the Churchās pastoral care and mercy toward many persons who live in broken or irregular marital situations.
Rev. Dr. Joshy Kulathumkal
