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 POR PREPARING THE PROCESS FOR THE DISSOLUTION

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Faith. Those acts of the case which are completed in a local language and style must be translated into one of the languages commonly used in the Roman Curia.160 However, in this particular situation an oath supporting the faithfulness of the translation and the transcription is to be taken and recorded in the acts.161

In the words of the Congregation, “the summary is an overview of the essential information regarding the petitioner, the former spouse and the future spouse. The index is the table of contents or list of all documents, testimonies and other acts and the pages where they are found. For this reason, every page of the acts must always be clearly numbered.”162 Needless to say, the summary greatly facilitates the examination of the acts by the Congregation, and also helps it to see any deficiency in the dossier. The summary should be placed at the beginning of the acts immediately after the covering letter.163

While the Congregation has not established any prescribed order for the acts in the dossier, it finds the following arrangement as especially convenient in order to expedite the examination of a case: (1) summary, (2) petition, (3) commission, (4) testimonies of the petitioner and former spouse, (5) related documents and baptismal searches, (6) testimonies, (7) testimony of the third party and related documents, (8) letters regarding the religious practice of the parties, (9) report of the instructor, (10) observations of the defender of the bond, (11) votum of the bishop, (12) authentication of the acts, (13) index.164

One might add that the Congregation no longer acknowledges receipt of the acts because the processing of the cases is rather swift.

Conclusion

The promulgation of the Code of Canon Law for the Latin Church and the Code of Canons of the Eastern Churches required accommodation of some of their provisions into the special legislation regarding dissolution of marriages in favour of the faith. This development can be seen, by analogy with the history of defining the theological and canonical ramifications of the institute of the Pau160 Cf. John Paul II, Apostolic Constitution Pastor bonus, art. 16, 27.

161 See Potestas Ecclesice, art. 25, 15.

162 Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 8.

163 See WOESTMAN, Special Marriage Cases, 66.

164 See Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases, no. 8. In Woestman, Special Marriage Cases, 185-230 one can find sample forms prepared to assist those responsible for the instruction of favour of the faith cases. Even though the forms were composed in view of 1973 Norms, they are still a very useful tool, with some necessary adaptation.