A section of Catholics in Ghana have hailed Pope Francis’s move to
streamline procedures for annulling marriages. In various interviews,
they described the move as relevant, timely and helpful to further
strengthen the family apostolate.
Leading the way is Naomi Nunoamesi, Secretary to the National
Catholic Laity Council, who believes that said the Pontiff’s decision
is a step in the right direction and would help to address countless
instances of breakdown of marriages.
She was quick to point out, however, that the reform “does not in any
way favour annulments but will only support the speeding up of the
procedures for those who require prompt attention to officially resign
and begin a more fruitful journey with another person.”
She was reacting to the Pontiff’s authorization on Tuesday, 8th
September 2015, of major overhaul of the Church’s system for granting
annulments.
According to the Vatican, the changes are designed to streamline the
process of annulling marriages out of “concern for the salvation of
souls,” while maintaining Catholicism’s traditional ban on divorce.
Welcoming the alteration, Robert Dela Mawunyega, a youth of the St.
Ann Parish at Teshie in Accra, observed that the changes show that the
Catholic Church is dynamic and ready to reform.
He argued that the move would bring a breather to parties suffering
and frustrated in pursuing annulment, but urged the church to look out
for those who might abuse the process.
Speed of the process
In Tuesday’s decision, Pope Francis noted that in tune with the
desire of the bishops, he has decided to issue provisions “that favour
not marriage annulments, but the speed of the processes” after last
October’s (2014) Synod of Bishops on the family requested a
simplification of the process.
According to zenit.org, the documents signed by the Pontiff on August
15, 2015 contains changes presented in two forms: Motu proprio: “Mitis
Iudex Dominus Iesus” (The Gentle Judge, The Lord Jesus) for the Latin
Church and “Mitis et misericors Iesus” (The Meek and Merciful Jesus) for
the faithful that belong to one of the 23 Eastern Churches in full
communion with Rome that historically have had a different process with
regard to the processes.
An “annulment” means a finding by a Church court that a union
between a man and a woman, even if it was ratified with a Church
wedding, was not a real marriage, because it did not meet one of the
traditional tests for validity, such as informed consent.
Catholics under the rules, whose relationships break down and who
wish to marry someone else in the Church must first obtain an annulment.
Describing his reform as “no less than a just simplicity,” the
Pontiff says his aim was that “the heart of the faithful awaiting
clarification (of their marital status) is not long oppressed by the
darkness of doubt.”
Don’t come to Rome
Under the approved changes by the Pope, the process will now need
only one sentence, unless an appeal is made. In the instance of an
appeal, the Pontiff also ruled that it can be handled by the nearest
archdiocese, technically known as the “metropolitan see,” rather than
having to come to Rome.
Prior to this point, the system required annulments to be issued by
one court and confirmed by another, a stipulation that critics blamed
for unnecessary delays, especially in cases in which no one contested
the results.
The pontiff decreed that the annulment process will be free of
charge, and that every diocese in the world has the responsibility of
naming a judge or a church tribunal to process requests, with the
possibility of the bishops acting as judges.
Other changes by Pope Francis for the Latin Church include the
provision that under certain circumstances, each bishop can himself
serve as the judge.
In case of the annulment being “evident,” there will be an even
shorter process, with the local bishops’ conferences being urged to help
individual bishops through the reform process, and guarantee, save for
the “just and decent remuneration of workers of the courts,” that the
process be free of charge.
An Appeal of a sentence, in case it is required, can be dealt with
locally (on the level of the nearest archdiocese), instead of taking it
to the Vatican, whereas a second appeal can be made to the Apostolic
See, or the Vatican.
The Pontiff with these decrees for the Latin rite churches
effectively updates and changes canons 1679-1691 in the church’s Code
of Canon Law. The pope also attached 20 new “procedural rules” for
bishops dealing with annulment cases, saying he wanted to offer them as
“other instruments” for tools in their work on those matters. The
changes will however take effect from December 8, 2015, the first day
of the Holy Year of Mercy.
Speaking with Weekend Sun, Mr. Ofori Sarpong, a marriage Counselor
at the St. Mark Catholic Church at Ashongman in Accra, commented that
the changes were a good step in the right direction, and would hasten
the process for those seeking annulment, but noted that the Church’s law
on divorce remains unchanged.
Similarly, Madam Agnes Gandaa, a parishioner of the Saints Peter
& Paul Parish in Tamale, also expressed delight about the new
changes, describing them as relevant, timely and helpful to people
wishing to seek annulment.
She stated that the new decrees which empower the local church’s
tribunal, gives it the confidence to adjudicate on annulment cases in an
easier and faster manner, thereby ensuring people’s concerns and
anxiety were addressed timely.
Remarking that the Pontiff’s move was not a deviation of the Biblical
position of indissolubility of marriage unions, Madam Gandaa disagreed
that the changes were a license for couples to annul their marriages
when faced with challenges.
The changes, according to her, will rather motivate and strengthen
marriages and families, since the couples will fully be aware of the
implications of marriage vows before venturing into it.
Nunoamesi posits that delegating powers to bishops to oversee the
process, which will restore relationships while reconciling people with
Christ in the Holy Eucharist, was a great idea.
“Marriage in the Catholic Church is sacred and remains a sacramental
union instituted by Christ between a man and a woman upon their informed
consent for various purposes.”
THE SUN | kwesi yirenkyi BOATENG
The passion for progressive development of the Afrikan people and the Afrikan continent, inspires me to use the tool of Journalism and effective communication to explore, affect and empower the many sons and daughters of the continent and people of good will, through my write-ups and interactions on any platform available, in order to promote our holistic development agenda.
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