The briefer matrimonial process before the bishop : a critical analysis

Abstract

This dissertation is about The Apostolic Letter, in the form of Motu Proprio of the supreme Pontiff Francis about the reform process for canon causes of declarationof nullity of Marriage in the code of Canon Law. He named it Mitis Iudex Dominus Iesus, (MIDI) The Gentle Judge, our Lord Jesus. Together with this he issued Mitis et Misericors Iesus, an Apostolic Letter Motu Proprio by which Pope Francis refored the canons of the Code of Canons of Eastern Churches pertaining to cases regarding the nullity of Marriage. This thesis is about the MIDI. I will trod slowly into the III Extraordinary General Assembly of the Synod of Bishops which preceeded the MIDI which was tailored around the cries of the wounded families which suffered a failed Marriage and who were seeking to obtain from the Church a declaration of the nullity of their Marriage, something which was taking quite a long time. The greatest innovation of the reform of the MIDI was the introduction of the Briefer Process in front of the Bishop, which not only restored the judging element which is acquired by the Bishop through the episcopal consegration, but also the shorter period promulgated was to reduce the waiting time the spouses had to endure during the process of the ordinary process. This thesis will give a detailed exposition of what is this briefer process, who can profit from it and how does it work. Chapters include a brief build up to the Motu Proprio, the role of the bishop, the static part and the diagnostic part. The last Chapter will offer some personal comments and suggestions which through my three year course I have pondered upon during the leatures and informal debates with our learned lecturers who almost all are at work at the Church Marriage tribunals in our diocese,and also with my student collegues who come from the ecclesiastical sphere, from the legal profession as myself, from the university lecturing staff and from the main broadcasting service on the island. Hopefully, reading this thesis will make the reader aware of what the processus brevior really is and what is its worth.