Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
102 WOJCIECH KOWAL OMI Article 8 essentially repeats the previous norm II, § 8 and stipulates that “when it is a case of a marriage to be entered by a catechumen, the marriage should be delayed until after the baptism; but if this cannot be done for grave reasons, there must be moral certitude that the baptism will soon be received.”56 Article 9, together with art. 20, address the provisions of the former norm no. II, §§ 5 and 6.57 The petitioning party is obliged to satisfy his or her obligations toward the prior spouse and to the children who may have been bom of that marriage,58 including specifically the provision for their religious upbringing.59 The bishop is to advise the Congregation if there are special difficulties concerning the way in which the petitioning party intends to fulfil this obligation.60 The previous legislation mentioned the nonexistence of danger of public scandal or grave wonderment as a requirement;61 the new law, however, addresses only the necessity of advising the Congregation if there is fear of scandal arising from the granting of the favour.62 63 The category of grave wonderment (gravis admiratio) on the part of the faithful has been dropped. Article 10 recalls norm no. Ill of Ut notum esta and requires that at any level of the process for dissolution of a marriage in favour of the faith, if there arises positive doubt on the basis of any grounds about the validity of the marriage in question, the petition to the Roman Pontiff should make mention of such a doubt.64 On the other hand, the Norms of 1973 assured that in such a case the dissolution was more easily granted.65 56 “Cum agitur de matrimonio a catechumeno ineundo, nuptiæ differantur post baptismum; quod si hoc ob graves causas fieri non potest, certitudo moralis habeatur de proxima baptismi receptione” (Potestas Ecclesiœ, art. 8, 10). Cf. Ut notum est, no. II, § 8, in LE, vol. 5, col. 6703 (English translation in Woestman, Special Marriage Cases, 130). 57 See Ut notum est, no. II, §§ 5 and 6, in LE, vol. 5, col. 6703 (English translation in Woestman, Special Marriage Cases, 130). 58 See Potestas Ecclesiœ, art. 20, § 2, 14. 59 See ibid., art. 20, § 1, 14. 6(1 See ibid., art. 9, 10. 61 See Ut notum est, no. II, § 2, in LE, vol. 5, col. 6702 (English translation in WOESTMAN, Special Marriage Cases, 130). 62 See Potestas Ecclesiœ, art. 9, 10. 63 See Ut notum est, no. Ill, in LE, vol. 5, col. 6703 (English translation in Woestman, Special Marriage Cases, 130). 64 See Potestas Ecclesiœ, art. 10, 10. 65 See Ut notum est, no. Ill, in LE, vol. 5, col. 6703 (English translation in Woestman, Special Marriage Cases, 130).
