St Francis de Sales & St Mary Magdalene

View Original

Dissolutions

Rev dear Rev: What is the reasoning behind the whole Annulment Industry in the Catholic Church Tribunal system?

Actually, this Question emanates from Rome. There are at base two different theories about the rationale of the AnnulmentTribunal system, one German and the other Jesuit. According to the German theory the annulment process has to be quite adversarial like a standard trial except that it is the bond of the wedding couple that is being put on trial so that a true contradictorium takes place during the lengthy process with lawyers and defenders arguing back and forth about the case before them involving young couples. But in the Jesuit theory, the annulment process is a pastoral and conscience-driven process designed to help the couple arrive at a sound conscience decision about their own state of freedom now that they entertain serious and grave doubts about the validity of their former wedding. This second theory regards the process as a declaration of a juridic fact more than an adversarial contradictorium. Hence under the new Jesuit pope a briefer quicker process was devised called the Process Brevior for couples struggling with doubts about their wedding solemnities and their wedding generally. An interesting question. An open question still to this day.