Wednesday, June 30, 2010

Nature and Mentality of the Nullity Process

Fundamentally, the nature and goal of the marriage nullity process is the seeking of truth about a particular marital bond. Having ascertained the truth, justice is applied to render a decision in regard to the “status of the persons involved within the context of the ecclesiastical communion” (John Paul II, 1996). The process of the Tribunal involves a number of protagonists, all of whom must be ever diligent that they stay true to this goal in a unified manner. Pius XII in 1944 speaks of this unity of purpose, which must “inspire and unite them in one and the same unity of intention and action.” He goes on to remind us that this unity of intent and action is a human action that proceeds at the same time from a “single purpose, a common direction and a juridical moral obligation.”

The work of the Tribunal personnel, we are reminded, is done not only in this human realm but also before the “Tribunal of the omniscient God.” This work then demands then that those who do this work of justice be “characterized by the high practice of human and Christian values particularly prudence and justice but also fortitude” (Benedict XVI, 2010). Can anyone then achieve to these characteristics? It seems that these attributes are best approached with prayer and submission to God and his Church whose goal is the ultimately the salvation of souls—which is the end point of all law.

While personal virtues are indeed necessary to carry out this work it must always be remembered that the work is not a private one. Pius XII (1941) resolutely tells us that the Tribunal ministry is one of collaboration with the Holy See interpreting the norms “according to the mind of the roman pontiff.” His thought is echoed by John Paul II (1982) who advises those involved with the Tribunal to “work, study, and judge in the name of the Holy See.”

Various pontiffs have spoken of the specific roles active in the Tribunal process. To the judge falls the responsibility to “inquire and decide according to truth” (Pius XII, 1944) and to apply justice in “view of the spiritual welfare of the souls with reference to the supreme judgment of god having God alone before your eyes” (John Paul II, 1982). Such an understanding of the role of the judge in the process alleviates him from the false sense of having to separate the pastoral from the juridical. As observed by John Paul II in 1990, this attitude of a seeming opposition between pastoral and juridical is non-existent; it is not true he says “to be pastoral the law must be less juridical.”

The defender of the bond must work to sustain the existence or the continuance of the bond. However, the pontiffs have been unanimous that the defender is not to do so absolutely by making false assumptions, to work assiduously to define a non-existent reality, or to oppose in every way a well founded decision. The role of the defender is to prevent both a false notion of compassion as well a slavish desire to make the canons over ride the “mission of Christ the Shepherd” (Benedict XVI, 2010) which is the constitutive part of any juridical act done by the Church.

The promoter of justice whose role is to present to the Tribunal any case that seems to do injustice to the good of marriage with the goal of attaining a declaration of nullity. His work is done not for the benefit of any individual but rather for the benefit of the public good. This notion clarifies that the goal of the marriage nullity process is the “protection of the sanctity and indissolubility of marriage defending it against the subtle attack of hedonism” (John XXIII, 1959).

The advocates who represent the Tribunal ministry at the initiation of the process must work diligently to win the case for their clients. However, they must never divorce themselves from the unity of purpose of the process which is “the discovery, ascertainment and legal assertion of the truth: the objective fact” (Pius X11, 1944). The role of the advocate includes reminding the parties that while they have the right to assert or defend against the nullity of their particular marriage they do not have the right to its nullity or to its validity. At the forefront of the ministry stands the advocate whose work is a “service of love” (John Paul II, 1982) who must keep to the truth with the love of the Church and the love of God ever before them.

Therefore, the role of the advocate is to intercede on behalf of the Church, advising, instructing and counseling the parties that “in accordance with human experience marked by sin a valid marriage can fail because of the spouse own misuse of freedom” (John Paul II, 2004). The advocate reminds the parties that the vicissitudes they have experienced in the course of their marriage may not be a result of invalidity but rather a result of sin, which can be overcome.
Various terms have been used to describe the work of matrimonial Tribunals. Best summated by John Paul II (1987), it is a “ministry of truth safeguarding genuine Christian concepts in the midst of cultures and fashions which tend to obscure it.” It is a “ministry of charity” toward the ecclesial community, which is preserved. Finally, it is a “service of charity” towards the parties especially if a denial avoids deception. However, they all point to a harmony of purpose.

With this plurality of understanding, the Tribunal personnel must be ever diligent to maintain a mentality congruent with the goals of ascertaining and articulating the truth. This service is not to be unduly hindered by false notions of pastoral care or human anthropology. At the same time, the workers in the ministry must not disregard the work of the human sciences of sociology and psychology.

First and foremost the ministers of the Tribunal must be aware that the consent to marry brings into existence a realty that must be fully recognized, respected and protected (John Paul II, 1982). This recognition, respect, and protection is done for the sake of those who have in the past given their word and have succeeded in giving of themselves to each other. Marriage is never to be perceived or judged purely on the subjective feelings of the spouses, rather it must always be remembered that marriage is an ecclesial act with global consequences.

Second, the ministers of the Tribunal must be cognizant of the fact that the process is a contentious process, not pitting spouse against spouse, but rather looking to the reality of the bond that they may or may not have effected by their mutual consent. In doing so an attitude of “complacency toward the parties must be avoided” (Benedict XVI, 2006). An attitude of disinterest in the process or seeing the process as merely a bureaucratic activity with little importance should be eschewed. Each case must be handled with “the depth and seriousness required by the ministry of truth and charity” (Benedict XVI, 2009).

Third, the importance of the marriage nullity process must never be diminished. Each decision made, each sentence rendered has “great relevance both for the parties and for the entire ecclesial body” says Benedict (2010). Every “correct judgment contributes to the culture of indissolubility” (John Paul II, 2002).

Paul VI notes, that juridical activity, which is the occupation of the marital nullity process, is to be guided by an “unwearyingly concern for its praiseworthy and pastoral interpretation” of canon law. To administer the law one must perceive its beauty, encourage its exercise, must not take advantage of justice to serve personal interests, and must maintain openness to the demands of truth (John Paul II, 1994).

Works Cited

  • Benedict XVI. "Address of His Holiness Benedict XVI to the Members of the Tribunal of the Roman Rota." Speech. Papal Allocutions To The Roman Rota. Vatican City. 28 Jan. 2006. The Holy See. Web. .
  • Benedict XVI. "To Prelate Auditors, Officials and Advocates of the Tribunal of the Roman Rota on the Occasion of the Inauguration of the Judicial Year." Speech. Papal Allocutions To The Roman Rota. Vatican City. 29 Jan. 2010. The Holy See. Web. .
  • Benedict XVI. "To Prelate Auditors, Officials and Advocates of the Tribunal of the Roman Rota." Speech. Papal Allocutions To The Roman Rota. Vatican City. 30 Jan. 2009. The Holy See. Web. .
  • John Paul II. "Address of John Paul II to the Members of the Tribunal of the Roman Rota for the Inauguration of the Judicial Year." Speech. Papal Allocutions To The Roman Rota. Vatican City. 29 Jan. 2004. The Holy See. Web. .
  • John Paul II. "Consent Makes Marriage, Its Defense By The Church." Speech. Papal Allocutions To The Roman Rota. Vatican City. 28 Jan. 1982. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 171-75. Print.
  • John Paul II. "Judges Must Be Attentive to the Particular Circumstances and Culture of the Individual Person." Speech. Papal Allocutions To The Roman Rota. Vatican City. 22 Jan. 1996. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 237-40. Print.
  • John Paul II. "One Cannot Give In to the Divorce Mentality." Speech. Papal Allocutions To The Roman Rota. Vatican City. 28 Jan. 2002. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 267-72. Print.
  • John Paul II. "Pastoral Nature of Canon Law and Respect for Truth." Speech. Papal Allocutions To The Roman Rota. Vatican City. 18 Jan. 1990. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 209-13. Print.
  • John Paul II. "The Splendor of Truth and Justice." Speech. Papal Allocutions To The Roman Rota. Vatican City. 28 Jan. 1994. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 227-30. Print.
  • John Paul II. "Unacceptable Anthropology." Speech. Papal Allocutions To The Roman Rota. Vatican City. 5 Feb. 1987. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 191-96. Print.
  • John XXIII. "The Church's Tribunals, Guardians of Justice and of the Christian Family." Speech. Papal Allocutions To The Roman Rota. Vatican City. 19 Oct. 1959. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 59-61. Print.
  • Paul VI. "Nature of the Marriage Bond." Papal Allocutions To The Roman Rota. Vatican City. 9 Feb. 1976. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 133-37. Print.
  • Pius XII. "Matrimonial Trials." Speech. Papal Allocutions To The Roman Rota. Vatican City. 2 Oct. 1944. Papal Allocutions To The Roman Rota 1939 to 2002. Ottawa: St. Paul University, 2002. 23-32. Print.
  • Pius XII. "Role of the Judge in Marriage Nullity Cases." Speech. Papal Allocutions To The Roman Rota. Vatican City. 3 Oct. 1941. Papal Allocutions To The Roman Rota 1939 to 2002. Ottowa: St. Paul University, 2002. 11-16. Print.