Matrimonial nullity trial reforms of Pope Francis

The matrimonial nullity trial reforms of Pope Francis are the reforms of Catholic canon law governing such trials, made public 8 September 2015. The reforms were effected by two separate apostolic letters from Pope Francis, the motu proprio Mitis iudex dominus Iesus amending the 1983 Code of Canon Law, and the motu proprio Mitis et misericors Iesus amending the Code of Canons of the Eastern Churches. This was in response to the Bishops who, during the Synod on the Family of 5-9 October 2014, called for simplification of the procedure whereby a legally invalid marriage is declared null.

At the press conference announcing the reforms, Cardinal Francesco Coccopalmerio, the president of the Pontifical Council for Legislative Texts, emphasized that the Church does not decree the "annulment" of a legally valid marriage, but rather declares the "nullity" of a legally invalid marriage.

There are three main reforms:

The reforms took legal effect on 8 December 2015.

The expedited process may take as few as 120 days.

The reforms were proposed by a group of experts in matrimonial jurisprudence. According to experts at the Vatican, they are the most expansive revision in matrimonial nullity jurisprudence in centuries. The reforms move away from 18th century matrimonial nullity reforms of the canonist Pope Benedict XIV.

Austen Ivereigh described the reforms as "revolutionary" and says that they are the broadest reforms in 300 years.

Kurt Martens, a canon law professor, worries that the reduction in procedure will not guarantee a fair trial. He likened the reforms to the Catholic Church providing a means of no-fault divorce. In an article published by conservative religious journal First Things, Martens stated that many Italian jurists fear that there might be a spike in conflicts between the canonical, Italian, and European Union judicial systems, since the reforms abolish a number of "basic due process norms" which are neither respected nor acknowledged. In his view, this renders the canonical judicial system "incompatible" with modern judicial procedure.

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