Pope Francis’s apostolic letter Mitis Iudex Dominus Iesus, released last week, proposes major changes to the way the Church issues declarations of matrimonial nullity. Many respected canon lawyers and commentators are expressing grave concerns about the text as they study it more carefully. I join my voice to the growing number who are apprehensive. In my view, some changes run the risk of doing more harm than good, creating more confusion than clarity about the truth of marriage and the purpose of the declaration of nullity process.

The most significant proposed change in Mitis Iudex is the creation of the “shortened procedure” whereby marriage cases are given to the diocesan bishop to decide himself in a sort of administrative fiat. This highly problematic change raises serious questions and grave confusion.

Extremely busy diocesan bishops, including those who may not have training in marriage law, will be asked to decide potentially hundreds of canonical marriage cases each year by relying almost solely on the report of assessors who themselves may not be canon lawyers. This is supposed to “streamline” the process. Yet practically it is difficult to see how this could possibly be so without the diocesan bishop either rubber-stamping decisions without consideration or rushing through them at the expense of thoroughness. Either would be an injustice.

Read the article “Benedict Nguyen: We’re Heading for ‘Catholic Divorces’” on catholicherald.co.uk.