Code of Canon Law: text (original) (raw)

CHAPTER III: THE PROCESS FOR THE DISPENSATION FROM A RATIFIED AND NON-CONSUMMATED MARRIAGE

Can.1697 The parties alone, or indeed one of them even if the other is unwilling, have the right to seek the favour of a dispensation from a ratified andnon-consummated marriage.

Can.1698 §1 Only the Apostolic See gives judgement on the fact of thenon-consummation of a marriage and on the existence of a just reason forgranting the dispensation.

§2 Thedispensation, however, is given by the Roman Pontiff alone.

Can.1699 §1 The diocesan Bishop of the place of domicile or quasidomicile of thepetitioner is competent to accept the petition seeking the dispensation. If therequest is well founded, he must arrange for the instruction of the process.

§2 If, however, the proposed case has special difficulties of a juridical or moral order, the diocesan Bishop is to consult the Apostolic See.

§3 Recourseto the Apostolic See is available against the decree of a Bishop who rejectsthe petition.

Can.1700 §1 Without prejudice to the provisions of can. 1681, the Bishop is toassign the instruction of these processes, in a stable manner or case by case, to his own tribunal or to that of another diocese, or to a suitable priest.

§2 If, however, a judicial plea has been introduced to declare the nullity of the samemarriage, the instruction of the process is to be assigned to the sametribunal.

Can.1701 §1 In these processes the defender of the bond must always intervene.

§2 Anadvocate is not admitted, but the Bishop can, because of the difficulty of acase, allow the petitioner or respondent to have the assistance of an expert in the law.

Can.1702 In the instruction of the process both parties are to be heard. As far aspossible, and provided they can be reconciled with the nature of theseprocesses, the canons concerning the collection of evidence in the ordinary contentious process and in cases of nullity of marriage are to be followed.

Can.1703 §1 There is no publication of the acts, but if the judge sees that, because of the evidence tendered, a serious obstacle stands in the way of theplea of the petitioner or the exception of the respondent, he can prudentlymake it known to the party concerned.

§2 To theparty requesting it the judge can show a document which has been presented orevidence which has been received, and he can set a time for the production ofarguments.

Can.1704 §1 When the instruction is completed, the judge instructor is to give all the acts, together with a suitable report, to the Bishop. The Bishop is toexpress his Opinion on the merits of the case in relation to the alleged fact ofnon-consummation, the adequacy of the reason for dispensation, and theopportuneness of the favour.

§2 If theinstruction of the process has been entrusted to another tribunal in accordancewith Can. 1700, the observations in favour of the bond of marriage are to beprepared in that same tribunal. The Opinion spoken of in §1 is, however, theprovince of the Bishop who gave the commission and the judge instructor is togive him, together with the acts, a suitable report on the case.

Can.1705 §1 The Bishop is to transmit all the acts to the Apostolic See together with his Opinion and the observations of the defender of the bond.

§2 If, in the judgement of the Apostolic See, a supplementary instruction is required, this will be notified to the Bishop, with a statement of the items on which theacts are to be supplemented.

§3 If, however, the answer of the Apostolic See is that the non-consummation is notproven from the evidence produced, then the expert in law mentioned in Can.1701 §2 can inspect the acts of the case, though not the Opinion of the Bishop, in the tribunal office, in order to decide whether anything further ofimportance can be brought forward to justify another submission of thepetition.

Can.1706 The rescript of dispensation is sent by the Apostolic See to the Bishop. He is to notify the parties of the rescript, and also as soon as possible direct the parish priests of the place where the marriage was contracted and of the place where baptism was received, to make a note of the granting of thedispensation in the registers of marriage and baptism.