On the afternoon of December 7 of this year, Pope Francis signed the following rescript ex audientia on the subject of compliance with and observance of the new law concerning the matrimonial process:
The adoption of the Apostolic Letters Mitis Iudex Dominus Jesus and Mitis et Misericors Iesus, given in the form of a Motu Proprio and dated August 15, 2015, which seek to update justice and mercy regarding the truth of the bond of those who have experienced matrimonial failure, pose, among others, the necessity for harmonizing the renewed procedure of the marriage process with the appropriate Norms of the Roman Rota, in anticipation of their reform.
The Synod of Bishops which was recently concluded expressed a strong exhortation for the Church to work for her fragile children, marked by wounded and lost love (Final report, number 55), in order to restore within them both trust and hope.
The laws that now enter into effect are intended to demonstrate the Church's closeness to wounded families, in order that the multitudes of those who live the drama of marriage failures may experience the healing achieved through the work of Christ, by means of the ecclesial structures, in hopes that they may discover in the Church's ministers new missionaries of God's mercy toward others of our brothers and sisters, for the betterment of the family.
While recognizing the Roman Rota, in addition to the munus that belongs to it as the proper court of Appeal of the Apostolic See, and to safeguard the unity of jurisprudence (Pastor Bonus, Art. 126 § 1) and to provide ongoing formation for the pastoral workers in the Tribunals of local Churches, I decree the following:
I
Laws reforming the matrimonial process abrogate or waive every contrary law or norm which was previously in effect - general, particular or special - eventually also approved in specified form (such as was the case for the Motu Proprio Qua cura, given by my predecessor Pius XI in times very different from the present).
II
1. In cases of nullity of marriage before the Roman Rota, doubt shall be established according to the old formula: An constet de matrimonii nullitate, in casu (Is there evidence of the nullity of marriage in the case of).
2. There can be no appeal against the decisions of the Rota with respect to the invalidity of sentences or decrees.
3. Before the Roman Rota, no recourse shall be admitted for newly proposed causes, once one of the parties has contracted a new canonical marriage, unless an injustice is manifest in the decision.
4. The Dean of the Roman Rota has the power to dispense, for gave causes, from the Norme Rotale in procedural matters.
5. As the Patriarchs of the Eastern Churches have urged, competence for causes iurium connected to marriage cases submitted to the judgement of the Roman Rota for appeal are left to the territorial tribunals.
6. The Roman Rota judges cases according to gospel freedom, that is with ex officio patronage, unless a moral obligation on the part of the faithful should necessitate the contribution of the payment of a suitable offering for the poor.
May the faithful, above all those who are wounded and unhappy, look toward the new Jerusalem which is the Church as the Peace of justice and the glory of piety (Bar 5:4) and may they be permitted, having re-discovered the open arms of the Body of Christ, to sing the Psalm of the exiles (Ps 126:1-2): When the Lord restored the fortunes of Zion, it seemed like a dream. Then our mouth was filled with laughter, our tongue with shouts of joy.
From the Vatican
7 December 2015
Franciscus
The adoption of the Apostolic Letters Mitis Iudex Dominus Jesus and Mitis et Misericors Iesus, given in the form of a Motu Proprio and dated August 15, 2015, which seek to update justice and mercy regarding the truth of the bond of those who have experienced matrimonial failure, pose, among others, the necessity for harmonizing the renewed procedure of the marriage process with the appropriate Norms of the Roman Rota, in anticipation of their reform.
The Synod of Bishops which was recently concluded expressed a strong exhortation for the Church to work for her fragile children, marked by wounded and lost love (Final report, number 55), in order to restore within them both trust and hope.
The laws that now enter into effect are intended to demonstrate the Church's closeness to wounded families, in order that the multitudes of those who live the drama of marriage failures may experience the healing achieved through the work of Christ, by means of the ecclesial structures, in hopes that they may discover in the Church's ministers new missionaries of God's mercy toward others of our brothers and sisters, for the betterment of the family.
While recognizing the Roman Rota, in addition to the munus that belongs to it as the proper court of Appeal of the Apostolic See, and to safeguard the unity of jurisprudence (Pastor Bonus, Art. 126 § 1) and to provide ongoing formation for the pastoral workers in the Tribunals of local Churches, I decree the following:
I
Laws reforming the matrimonial process abrogate or waive every contrary law or norm which was previously in effect - general, particular or special - eventually also approved in specified form (such as was the case for the Motu Proprio Qua cura, given by my predecessor Pius XI in times very different from the present).
II
1. In cases of nullity of marriage before the Roman Rota, doubt shall be established according to the old formula: An constet de matrimonii nullitate, in casu (Is there evidence of the nullity of marriage in the case of).
2. There can be no appeal against the decisions of the Rota with respect to the invalidity of sentences or decrees.
3. Before the Roman Rota, no recourse shall be admitted for newly proposed causes, once one of the parties has contracted a new canonical marriage, unless an injustice is manifest in the decision.
4. The Dean of the Roman Rota has the power to dispense, for gave causes, from the Norme Rotale in procedural matters.
5. As the Patriarchs of the Eastern Churches have urged, competence for causes iurium connected to marriage cases submitted to the judgement of the Roman Rota for appeal are left to the territorial tribunals.
6. The Roman Rota judges cases according to gospel freedom, that is with ex officio patronage, unless a moral obligation on the part of the faithful should necessitate the contribution of the payment of a suitable offering for the poor.
May the faithful, above all those who are wounded and unhappy, look toward the new Jerusalem which is the Church as the Peace of justice and the glory of piety (Bar 5:4) and may they be permitted, having re-discovered the open arms of the Body of Christ, to sing the Psalm of the exiles (Ps 126:1-2): When the Lord restored the fortunes of Zion, it seemed like a dream. Then our mouth was filled with laughter, our tongue with shouts of joy.
From the Vatican
7 December 2015
Franciscus
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