recognition of marriage nullity according to the Church
A three-step procedure
- From questioning to request
Any person, Catholic or not, can contact the official diocese of their place of residence or that of their marriage. However, it is usual for this request to be preceded by discussions with a priest, with couples accompanying marriage preparations, in a parish or in a Church movement. “We have to check that nothing can be done for the marriage to continue,” explains Sophie Chetaille. “In France, the request almost always comes after a civil divorce, sometimes even years later. »
When the intention to request the examination of one’s marriage is confirmed, it is useful to contact an ecclesiastical lawyer for assistance in drafting the request. Contrary to the generally received idea, represented in the film What is love?, the majority of ecclesiastical lawyers are lay people, and often women.
- From receipt of the request to the opening of the procedure
In a diocese, the bishop delegates the monitoring of these questions to the official, or judicial vicar. In view of the first elements, he decides whether or not to open a procedure. If it does so, it notifies the person who made the request and forwards the request to the link defender.
He will also choose a form of procedure: a document from Pope Francis simplified it in 2015. “There is a brief procedure, which remains very rare, in the case where the two parties agree and initiate the request together. There must be some form of evidence which remains at the discretion of the judge,” specifies Sophie Chetaille. The ordinary procedure is based on a court of three judges. It is possible to have a second instance as part of an appeal.
“This is not an inquisition! says Sophie Chetaille. We ask questions to understand, we ask people to tell us about their lives. »
The procedure is very different from a trial. The spouses are invited to produce documents and will be heard separately by a judge. When the lawyer is present, he does not speak. Most of the procedure is done in writing. The judgment is also communicated to the spouses in writing, with an explanation of the reasons for it.
