contemporary sacra rota - Italian Business Summit

SACRA ROTA
IN THE VATICAN STATE
OR
Annulment
TODAY
DIVORCE
you were once MARRIED
. But now you aren’t
Divorce is a matter of CIVIL LAW
Annulment
You were never truly married in the first place
Annulment Something necessary for a valid marriage was missing. Annulment is a matter of Church law.
8 February 2005
The Vatican issued the first revised guidebook on marriage annulments in nearly 70 years.
The Guidebook
111 pages, Dignitas Connubii (The Dignity of Marriage), a complex legal code for use by Roman Catholic diocesan tribunals which decide on marriage annulments. 29 January 2007
Pope Benedict XVI warned Vatican judges to get tough
on couples who ask the Church to
annul their marriages.
Why? 69 annulments in 2005
‐‐for reasons which included HUSBANDS
being too attached
to their MOTHERS . . .
Let’s get down to …and do the “how to”!
What’s the
PROCEDURE?
WHO CAN APPLY?
Anyone married in the Catholic Church and now divorced can request an annulment. ‐‐whether they are wishing to marry again or not.
You must notify the Ex
The Ex will be sent a letter explaining the process that was initiated. The ex does not have to agree
to the annulment or
to participate
in the process.
Documents you’ll need
• Copies of the baptismal certificates of all Catholic parties involved.
• Copy of the civil marriage license.
• Copy of the church marriage certificate.
• Copy of the divorce decree certified or signed by the Judge.
So, your client needs to give you
Do I have to GO to ROME??
No! Venue is f l exi b l e
Submitting the Case If the case begins on the Parish level, the priest, deacon, or pastoral associate will submit it to the tribunal. Or…
If you choose, you can go straight to the tribunal and not begin at the Parish level.
Witnesses
2 or more people, usually friends or family, willing to help/testify. Do you remember . . .
They should know something about the marriage, especially the time right before and right after the wedding. The Questions—and Answers—
Will be intensely personal!!
Defender of the Bond Another person who also participates, the Defender of the Bond represents the marriage itself, speaking in favor of all facts supporting the validity of the marriage.
When to Expect a Decision
After all info is gathered, a judge or panel of judges will write the decision. They will decide whether or not the marriage was indeed invalid from the start. The Effect on the CHILDREN
. . .is NONE.
Children of an annulled marriage do not lose their status as children of a valid marriage.
Effect on Alimony??
No guarantees, but
In Italy, grant of Annulment may be submitted to Civil Court to seek cancelation of alimony.
But CHILD SUPPORT IS NOT AFFECTED!!
Both parties will be notified of the decision
‐‐unless the former spouse does not wish to be notified.
How long does it take??
Normally about 16 months, depends on many factors. For example . . .
if the petitioner does not complete the necessary document‐gathering in a timely fashion, the annulment is delayed.
How much does it COST??
Can vary; average is around €350, with a portion due at the time the case is submitted. The rest can be paid in monthly installments. However,
If you cannot pay the full amount, arrangements
can be made through the church to defray some of the expense.
And—
No case is turned down due to a person's inability to pay the fee.
Read all about it!
Coming Soon!
22 September 2014
Pope Francis set up an 11‐member committee "seeking to simplify and streamline [the procedure],
while safeguarding the principle
of the indissolubility of marriage," the Vatican said in a statement.
9 Oct. 2014
Italian Cardinal Francesco Coccopalmiero favors letting individual bishops make nullity decisions after careful consideration.
• based largely on the credibility of the couple
Thereby changing
what has been an exclusively judicial process to an administrative one. And even more recently…
On 5 Nov., Pope Francis said he was considering requests, made at a recent Vatican meeting of bishops about families, to make annulments cost‐free.
‐‐but Attorney Fees
are still a factor!
Change in the Vatican State
Does not come quickly . . .
But all change is usually inevitable!
So . . .