Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
112 WOJCIECH KO WAL OMI 5. Break-down of the previous marriage Testimony regarding the break-down of the previous marriage is considered important evidence by the Congregation, therefore the instructor is to gather information concerning the state of life of the other party. Explicit reference as to whether he or she has attempted a new marriage after divorce is also to be included in the acts.124 The parties and witnesses are to pronounce on the cause of separation or divorce to provide clarity as to who was at fault for the breakup of the marriage or marriages.125 The prescription of art. 13 of Ut notum est which required information about the non-Catholic spouse as to whether the restoration of conjugal life could be hoped for,126 is no longer explicitly included in the new norms. Nevertheless, art. 4, no. 1° of the current law must not be forgotten: for granting the dissolution it is required at the moment of according the favour that there is no possibility of restoring the consortium of the conjugal life and this must be addressed in the acts.127 The copy of the divorce decree or the civil sentence of nullity is to be included in the acts.128 The new Norms also add that the copies of relevant documents concerning any marriages attempted by either one or other of the spouses, if this is the case, are to be collected, i.e., the divorce decree or the civil sentence of nullity and the dispositive portion of the canonical sentence of nullity of marriage.129 In the case of any marriage attempted without canonical form, an administrative declaration of the nullity issued by competent ecclesiastical authority must always be included.130 6. Satisfaction of obligations toward the party and children in the previous marriage The current Norms prescribe that “the instructor must report whether the petitioner has had any children and how he or she either provides for or intends to provide for their religious education in accord with the law and his or her abili124Sec ibid., art. 18, § I, 13. 125 See ibid., art. 18, § 2, 13. 126 See in LE, vol. 5, col. 6705 (English translation in WOESTMAN, Special Marriage Cases, 134). 127 See Potestas Ecclesiœ, 8. 128 See ibid., art. 19, § 1, 14. 129 See ibid., art. 19, § 2, 14. 130 See Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 5.
