Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
104 WOJCIECH KOWAL OMI It is within the competence of the diocesan bishop (and those equivalent to him in law) or the eparchial bishop to conduct the instruction of the process on the diocesan (eparchial) level.71 Article 3 does not state, however, which diocesan bishop is competent. It does not seem that it must always be the bishop of the petitioner:72 if the petitioner is not Catholic, then the proper bishop of the Catholic party in the prospective marriage seems to be competent. As to the bishop of the place in which in fact most of the evidence would be collected (cf. c. 1673, 4°), a word of caution is needed. The bishop in his votum is to pronounce on the existence of reasons for granting the dissolution and the worthiness of the parties,73 address the possibility of scandal arising from the concession of the favour, and advise the Congregation in the case of any doubt about the sincerity of the conversion of the petitioner or intended spouse.74 It is hard to imagine how any bishop other than the bishop of the place where the Catholic party, be it the petitioner or the spouse in the future marriage, actually resides could fulfil this duty efficiently, especially in the case of possible requests from the Congregation for further information. On the other hand, a clear determination of competency might be of importance to bishops, as according to c. 57, they must respond to lawful requests, or face the consequences of possible administrative recourse (cf. c. 1699, § 3), including claims for damages (cf. c. 128). To initiate the process, the petition of one of the spouses to have the marriage dissolved is necessary. The petition, addressed to the Holy Father, should include the basic facts concerning the petitioner and the other party in the marriage that is the object of the petition for dissolution, especially the baptismal status of the parties, the reasons for requesting the favour, the status of the prospective spouse in the subsequent marriage.75 The bishop can carry out the instruction of the process personally or he can entrust it to an instructor, who could be a tribunal judge or another person approved by the bishop for this task.76 This commission may be given on a permanent or case by case basis.77 71 See Potestas Ecclesiœ, art. 3, 8. 72 See J. Kowal, “Nuove ‘Norme per lo scioglimento del matrimonio in favorem fidei',” 491; Moneta, “Le nuove norme per lo scioglimento del matrimonio in favore della fede,” 1334, note 7. 71 Potestas Ecclesiœ, art. 24, § 2, 15. 74 Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 3. 75 For sample forms of petitions, sec WOESTMAN, Special Marriage Cases, 194-198. 76 Sec Potestas Ecclesiœ, art. 11, 11. 77 Sec Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 2.
