Change in annulment process could lead to ‘grave damage’

Last updated on: March 27, 2014 at 10:06 am by CNA Daily News

Change in annulment process could lead to ‘grave damage’ 2014-03-27T10:06:00+00:00 CNA Daily News

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

Washington D.C., Mar 27, 2014 / 04:06 am (CNA/EWTN News).- Ecclesiastical tribunals are an essential part of the Church's saving mission — thus changes to their procedures, including the annulment process, should be considered with great care, Cardinal Raymond Burke has said.

Understanding the Church's tribunal system, Cardinal Burke said March 20, "requires an understanding of the service of canon law in general to the saving mission of the Church, and its role in the Petrine ministry."

Cardinal Burke is prefect of the Apostolic Signatura, the Vatican’s highest tribunal court, which ensures the correct administration of justice in the Church, and was delivering a lecture at the Catholic University of America.

Speaking to speculation over the possibility of changes to the annulment process, Cardinal Burke reinforced that the two-step annulment process "is not a mere matter of procedure, but that the process is essentially connected with the doctrinal truth" of the Church — which the current tribunal process helps to ensure.

During a Feb. 20 address to an consistory of cardinals on the family, Cardinal Walter Kasper had suggested that instead of questions of nullity being decided by a tribunal, perhaps “other more pastoral and spiritual procedures could also be possible … as an alternative, one might think that the bishop could entrust this task to a priest.”

Speaking at Catholic University of America, Cardinal Burke explained “the necessity of canon law for the protection and promotion of the sacred realities which constitute our life in the Church, realities which include the rights and obligations of members of the Church.”

Referring to the Code of Canon Law promulgated by Bl. John Paul II, as well as the late Pope’s writings about it, Cardinal Burke said these show that the Church is a "social and visible structure," and must therefore have norms governing it.

“The service of the Roman Curia, and therefore of the Apostolic Signatura, is intimately connected with the apostolic character of the Catholic Church … the salvation of souls.”

Because of this profound nature of tribunals, he said, any changes to the annulment process should "be studied by a commission of experts" and considered with great care.

Annulments are recognitions that what appeared to be a marriage in fact was not; when a marriage is found to have been valid, couples are allowed to separate and seek a civil divorce, but remarriage within the Church is prohibited as long as one’s spouse is alive.

If a person has entered into a civil marriage after a divorce and without an annulment, that person is not allowed to receive Communion because their (first) marriage still exists, and the civil union is an extramarital living situation.

Catholics seeking an annulment must seek a tribunal, generally located in their diocese, which makes a judgement on the case. A second tribunal then either confirms or denies the first tribunal's judgement.

Explaining abuses that occurred before the two-court system was installed, Cardinal Burke warned that eliminating the requirement for a second judgement would lead to "grave damage."

He continued, adding that the Apostolic Signatura has found that "the necessity of the double-conforming decision for an adequate process for the declaration of nullity of marriage is shown without any shadow of a doubt."

Quoting Bl. John Paul II, Cardinal Burke warned that simplifying the process for procedural reasons would be a "false mercy, which is not concerned with the Truth and therefore is not charity, which has as its only goal the salvation of souls."

Any "further simplification of the process must respect its finality," which is the "search for the truth."

"It must be clear that the process in question is not a matter of procedure," but that it is intimately "connected to doctrinal truth.”

Previous Post

March 27, 2014

Philippines and Vatican release Pope Francis postage stamps

Next Post

March 27, 2014 Pope, Obama discuss relations between Church and State

Browse Our Archives

Select a Category Americas Asia - Pacific Europe Middle East - Africa Uncategorized US Vatican

Select a Month November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012

TAKE THE

Religious Wisdom Quiz

Who said, "Here I am, send me!"?

Select your answer to see how you score.

Moses Isaiah Peter Elijah