Stwierdzenie nieważności małżeństwa w Kościele rzymskokatolickim – teoria i praktyka

The basis of Church authority over Christian matrimony is a fact of bringing up the marriage entente by Jesus Christ to sacrament dignity. That is why Church lawmaker defines what is a matrimony, specifies its purposes and features, determines conditions for its valid solemnization as well as recognizes and rules in all doubtful questions concerning marriage solemnizing. Church legislator safeguards inseparability of matrimony as well as points and teaches that in church there is no nullity of marriage or divorces, but there is a possibility to rule the nullity of marriage, if after carrying out the church proceedings it will by proved that such marriage in fact was solemnized in invalid way. Actual settlement of each marriage case is performed in collegial way in competent Bishop’s court, according to the procedure prescribed by Canonical Law Code and Dignitas connubii instruction, which has in purpose to show in judgment way the evaluation of evidence of reasons for eventual invalidity of claimed matrimony. Canonical suit for invalidity of marriage is a very specific manifestation of care of the Church for these faithful ones, whose marriage came apart and who want to clarify and regulate their legal status in the Church. However in that care, Church’s courts are not always really understood well, because from one side they give a church “divorces” and violate the tuition of Jesus Christ and Church about inseparability of marriage, and from the other side some may say that they are too strict, fundamental and non-lenient towards the persons, whose marriages came apart. It often results from misunderstanding what is a sacramental matrimony, what character, purposes and features it has as well as from unfamiliarity with the tuition and legislation of the Church.