The elements for the religious bond of marriage are based on the Gospel and sacred tradition.
Simply stated, not every expression of consent uniting the partners gives rise to the sacred bond of marriage as it is understood by the Church.
Most of the modifications made to procedural canons of the Code of Canon law are found in the deliberations of the recent two synods on the Family in 20.
The synodal fathers in articles 114 and 115 of their Instrumentum laboris emphasizes the need to make the procedure in cases of nullity: (1) more accessible; (2) less time consuming, and if possible (3) at no expense.
“The well-being of the individual person and of both human and Christian society is closely bound up with the healthy state of conjugal and family life.
[.] The intimate partnership of life and the love which constitutes the married state has been established by the creator and endowed by Him with its own proper laws: it is rooted in the contract of its partners, that is, in their irrevocable personal consent.” (1) The matrimonial covenant, by which a man and a woman establish between themselves a partnership for the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of children; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament.
“When that one spouse visits a lawyer, they place the entire family in the hands of a hostile court system.
Children become wards of the state, and all marital assets are controlled by the courts.
However the titles of the two decrees, Latin for “The Gentle Judge, The Lord Jesus” and “The Meek and Merciful Jesus,” led experts to believe Francis is seeking to make life easier for Catholics who civilly divorce and remarry outside it to stay in the church.
“Certainly Pope John Paul and Benedict wanted to tighten the way people got annulments.
They thought it was too easy,” said Monsignor Kevin Irwin, a professor at the School of Theology and Religious Studies at Catholic University.
Remarrying after a divorce without receiving a prior declaration of nullity does damage a person’s communion with the Church, not because the Church rejects this person but because he or she has chosen a to live in a relationship that is in violation of his or her previous wedding vows.
All of us struggle to live in full accord with the gospel, a person in this situation is still a beloved member of the parish community, and should participate in parish life as fully as possible.