A First Approach to the Reform of the Process for the Declaration of Nullity of Marriage

After a short preliminary part that concerns especially the state and activity of ecclesiastical tribunals in the world, the author offers a brief presentation of the motu proprio Mitis Iudex Dominus Iesus. In the third part of the contribution, the author considers the intention behind the reform and some of its key points and compares these elements with the Final Report of the Extraordinary General Assembly of the Synod of Bishops of 2014. The author emphasizes that it is too early for an in-depth study of the matter and that the exposition is only a first approach. He strongly welcomes the fact that for the cases of marriage nullity no administrative process was introduced by the new motu proprio, and that the process remains a judicial one, which offers the best guarantees for discovering the truth concerning the marriage bond and protecting its indissolubility. The author concludes by stating that many bishops in the recent meetings of the Synod of Bishops criticized the existing matrimonial nullity process and that Pope Francis is now challenging them to make his reform of the process work.