Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
NORMS FOR PREPARING THE PROCESS FOR THE DISSOLUTION 115 9. Inten>ention of the defender of the bond Having completed the instruction of the case, the instructor is to send all the acts, together with his report, to the defender of the bond, whose task is to find reasons, if there are any, which might stand in the way of the dissolution of the bond.146 10. Votum of the bishop After having received the report from the defender of the bond, the instructor sends all the acts together with the animadversions of the defender of the bond to the bishop. There is no publication of the acts in the sense of c. 1598.147 The task of the bishop is to prepare a votum pro rei veritate, i.e., a written opinion in which he recommends or not the granting of the favour. The votum is to address the issue of whether all the conditions for the granting of the favour are present, especially, the non-baptism of the party and whether the promises mentioned in art. 5 have been made.148 Information about any positive doubt which may have arisen about the validity of the marriage is to be included in the votum as well.149 The bishop should also pronounce on the existence of reasons for granting the dissolution and the worthiness of the parties,150 “[...] always adding whether and in what manner the petitioner has already attempted a new marriage or is cohabiting.”151 Other important aspects to cover in the votum are “[...] fear of scandal arising from the concession of the favour, or any doubt about the sincerity of conversion of the petitioner or intended spouse, or any particular difficulties regarding the manner in which the petitioner is fulfilling obligations arising from the former marriage.”152 These matters should be settled before the case is submitted. If there is a request that the favour be granted without the usual fee {in forma pauperum), the bishop should express his opinion on this matter.153 The votum is to be signed by the diocesan bishop. 146 See Potestas Ecclesiœ, art. 23, 15. Cf. Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 4. 147 See Potestas Ecclesiœ, art. 23, 15. 148 See ibid., art. 24, § 1, 15. 149 Cf. ibid., art. 10, 10. l50“Causæ quæ gratiæ concessionem suadeant exprimantur [...].” Ibid., art. 24, § 2, 15. 151 Ibid. 152 Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 3. 153 See WOESTMAN, Special Marriage Cases, 66.
