Brief Note on the new Nullity Processes of 2016
The new procedures have been both strongly welcomed and strongly criticized. In answering many inquiries, I have preferred to pass over particular aspects they offer, and stress instead two points - the first of which expresses no more than a personal preference, while the second is basic in all cases.
- The judging of the possible nullity of marital consent is both a complex matter and a heavy responsibility: factors which made me grateful that decisions in the Rota are always collegiate. None of us is infallible; and so, even if one disagrees with the majority, it gives great peace to know that two other responsible minds have reached a different conclusion.
As my title suggests, I propose to look at several aspects connected with the topic of annulments, none of which has to do directly with canonical procedures. But a prior word may not be out of place on two questions that I am at times asked. One is, if I am in favor or against annulments? Perhaps a somewhat naive question, since naturally I am in favor; very strongly so, when a proper judicial process shows that a declaration of nullity corresponds to the facts. Then one is dealing with a matter of justice, of the upholding of ecclesial rights.
The mentality of our age is hostile to the christian concept of marriage and to any true marital commitment. Couples in ever-growing numbers are living together casually and temporarily, without a thought of marriage, and apparently with no sense that they are excluding something profoundly human from their lives. Of those who cohabit in this way no doubt quite a few do think of an eventual ceremony or social event which will "formalize" their relationship - always provided that it has gone satisfactorily.
To begin with, it should be noted that the term "annulment" is not exact. To "annul" implies to dissolve or rescind something that had really existed. A civil contract can be annulled, but not the covenant of marriage. Once a true marriage has been entered on and a real marital bond created, it can only be dissolved by death.