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Annulment reforms already producing unintended consequences, canonist argues

December 17, 2015

Edward Condon, an English canon lawyer, reports that the annulment reforms introduced by Pope Francis are already having unintended effects.

The Pope called for free access to marriage tribunals, but at the same time said that the tribunal staff should receive adequate pay. The result, Condon notes, forced “tribunals, already stretched thin to the point of breaking in many places, to renounce their only dedicated source of income and, at the same time, increase their operating cost.”

One consequence of the ensuing budget crunch, the canon lawyer observes, is that tribunals are less likely to seek testimony from psychologists who could help to establish whether one party to a union lacked “due discretion.” As a result there has been a noteworthy drop in the number of annulment cases centered on an alleged lack of “due discretion”—once the most common grounds for a finding of nullity.

A strong case can be made that the “due discretion” criterion has been invoked too readily, Condon concedes. But if the standards for granting annulments have changed, it shouldn’t be because of financial constraints.

 


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  • Posted by: unum - Dec. 18, 2015 8:24 AM ET USA

    "The result, Condon notes, forced 'tribunals, already stretched thin to the point of breaking in many places, to renounce their only dedicated source of income and, at the same time, increase their operating cost.' " Perhaps the Holy Father should have been more explicit about the need to reduce diocesan bureaucracies!

  • Posted by: TheJournalist64 - Dec. 18, 2015 6:55 AM ET USA

    This is now part of our evangelization outreach--seeking to bring back into full communion those who in a difficult life-event have made unwise choices because they were "young and stupid and controlled by hormones." So we need to ask the faithful to support it with their prayers and their volunteerism and their assets. Much of the Church's trouble could be mitigated if more Catholics would give more.

  • Posted by: james-w-anderson8230 - Dec. 17, 2015 8:48 PM ET USA

    The well known "Frances Effect"!