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3 DENVER CATHOLIC | SEPTEMBER 12-26, 2015 Vatican Notes For more information call Corporate Travel at 1-800-727-1999 | ctscentral.net Steve and Janet Ray Most Rev. Samuel J. Aquila Archbishop of Denver December 28, 2015 - January 6, 2016 Holy Land Jerry Usher invite you on a pilgrimage to the Most Rev. Samuel J. Aquila, Archbishop of Denver, Jerry Usher with Steve and Janet Ray DURING CHRISTMAS BREAK Perfect for families! T he Holy See released two legisla- tive documents of Pope Francis, known as motu proprio, in which the Holy Father made signifi cant changes to the marriage nullity (annulment) pro- cess and, thus, considerably modifi ed Book VII, part III, Title I, Chapter I of the 1983 Code of Canon Law. The two motu proprio, Mitis Iudex Dominus Iesus (The Lord Jesus, a meek judge) and Mitis et misericors Iesus (Jesus, meek and merciful) were signed by Pope Francis on Aug. 15 and address the judicial procedures for marriage nullity cases in the Catholic Church, the Latin and Eastern Churches, respectively. These changes represent the culmina- tion of a revision that began when Pope Francis established a commission to study improvements to the marriage nul- lity process. The commission was formed prior to the 2014 Extraordinary Synod of Bishops on the Family. Reforming the marriage nullity process was a topic of discussion among the bishops attending the Synod. In issuing new laws regarding how the Church investigates and declares mar- riage nullity, the Pope has maintained the judicial nature of the marriage nul- lity process so as to defend "to the highest degree the truth of the sacred bond," and thus rea‹ rmed the indissolubility of marriage. In his introduction to Mitis Iudex Dominus Iesus, the Holy Father stated that, he has decided not to "favor the granting of the nullity of marriage," but the speed of the process for the ben- efi t of those who seek to clarify their marital status and who may be distant from the Church. These procedural changes are aimed, also, at amplifying the role of the local bishop, as the fi rst judge in his diocese. With this in mind, the Pope has intro- duced a new abbreviated form of the marriage nullity investigations whereby local bishops personally decide whether a marriage was invalid. This streamlined process may be employed when both par- ties mutually consent to the petition for nullity and the nullity of the marriage is "manifest." While the new procedural norms o¨ er some examples on when and how to use this abbreviated process, it is yet unclear how often it actually will be applicable. The Judicial Vicar of the Archdiocese of Denver, Father Giovanni Capucci, has already established a commission to study these new procedures, set to be implemented by Dec. 8, 2015. It is clear, however, that the bishop can issue a declaration of nullity, after the abbreviated process, only when he reaches moral certainty that the mar- riage was invalid; otherwise, he must begin a lengthier investigation according to the ordinary formal process, to which tribunals are already accustomed. Pope Francis acknowledged some dangers associated with the new abbre- viated process inasmuch as it "might put the principle of indissolubility of mar- riage at risk," but explained, "because of this I have desired that in such cases the bishop himself shall be constituted judge, who, by force of his pastoral o‹ ce is with Peter the greatest guarantor of Catholic unity in faith and in discipline." Before reaching a judgment, the bishop will be assisted by other tribunal o‹ cials, espe- cially, the Defender of the Bond, whose responsibility is to present any reason- able arguments supporting the validity of the marriage. Judges trained in canon law will con- tinue to render decisions in marriage cases when the abbreviated process cannot be used. In such cases, lay per- sons now will be permitted to constitute a majority of a three-judge panel or court. In addition, the Holy Father has elimi- nated the automatic review needed after a decision in favor of nullity has been reached for the fi rst time (fi rst instance). With Pope Francis' new changes only one judgment will be needed for the declara- tion of nullity to take e¨ ect. As before, the possibility of appeal to a higher tribunal remains, even the Tribunal of the Roman Rota. Finally, Pope Francis has declared that the marriage nullity process, whenever possible and save for the "just compensa- tion for those who work in this process" should be free of charge. Although many dioceses already fully subsidize their tri- bunals, the Holy Father emphasized the universal importance of it as a demon- stration of Christ's gratuitous love and the Church as "a generous mother." Consistent with canon law, the new laws do not take e¨ ect immediately but, as the Holy Father has established, on Dec. 8, 2015. In the meantime, tribunals and bishops will be studying the changes and adapting to them. Pope speeds up annulment process BY DENVER CATHOLIC 303-715-3230 | denvercatholic@archden.org www.twitter.com/DenverCatholic the Mary's CATHOLIC

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