As I noted in my previous column on this subject, Pope Francis issued two landmark apostolic letters in 2015, by which he reformed the canonical procedures for declaring the nullity of marriage. At the heart of this legal reform was the introduction of the shorter process, or the “processus brevior.”
Driven by the supreme law of the church, the salvation of souls, Pope Francis sought to simplify and expedite tribunal proceedings without diluting the dogmatic principle of marital indissolubility.
Last month, I addressed the principal reforms that Pope Francis made and the reasons he made them. This month, I will focus specifically on the “processus brevior.”
How does it work? First, the process is designed for exceptionally strong cases. To qualify for this expedited track, two essential conditions must be met concurrently under Canon 1683: 1. There must be mutual consent. The petition must be filed jointly by both spouses, or by one spouse with the explicit consent of the other. 2. The grounds must be manifest, such that the facts and circumstances showing the invalidity of the marriage must be so clear and evident, making a lengthy investigation unnecessary.
With these two conditions in place, the judicial vicar appoints an instructor and an assessor to gather testimony and documentary evidence. When that is completed, the case moves directly to the diocesan bishop, who reviews the acts, consults with the defender of the bond and the assessor, and — if he achieves moral certainty regarding the nullity of the bond — issues a definitive sentence. If moral certainty cannot be reached quickly, the bishop reassigns the case to the ordinary judicial process.
Just to be clear, a decree of nullity (annulment), rather than a divorce, is an official declaration by a church court that a valid, sacramental marital bond was never formed from the beginning. In his reform of the procedures, Pope Francis outlined specific circumstances that frequently indicate grounds for invalidity and that might be suitable for the “processus brevior.” A major one is defect of intention.
Pope Francis and his predecessor Benedict XVI noted that widespread secularization often leads couples to marry in the church out of cultural tradition without believing in or intending what the church intends. If a person excludes an essential element of marriage — such as indissolubility, fidelity or openness to children — their consent is simulated and invalid.
Another ground would be force or grave fear due to an unexpected pregnancy or intense family pressure. True consent must be an act of free will; external coercion invalidates the covenant. Severe mental illness, addictions or profound psychological immaturity at the time of consent can prevent a person from having the necessary critical judgment to evaluate the lifelong responsibilities of marriage.
Also, conditions such as severe personality disorders or psychological trauma may render a person incapable of assuming and fulfilling the essential duties of a marital partnership, regardless of their good intentions.
Fraud and intentional deceit are also grounds for nullity. If one party is deliberately deceived about a grave personal quality of the other, such as a hidden contagious disease, severe criminal record, prior undisclosed children or irreversible infertility and this deceit was orchestrated to obtain consent, the marriage is invalid.
Pope Francis also identified several concrete scenarios that might allow a case to qualify for a declaration of nullity in the “processus brevior.” These include brevity of the marriage. A marriage that collapsed within days or weeks of the wedding often indicates that one or both parties entered the union with severe unresolved issues, total lack of commitment or unrevealed intentions.
Likewise, procuring an abortion around the time of marriage or as a condition of continuing the relationship may indicate a positive refusal of openness to offspring. Additionally, remaining involved in an ongoing affair immediately before and after the ceremony manifests a total exclusion of marital fidelity.
The “processus brevior” introduced by Pope Francis requires both canonical rigor and pastoral tenderness. By streamlining tribunal operations, removing unnecessary administrative layers and placing judicial authority directly into the hands of local bishops, the church removed unnecessary procedural hurdles for wounded believers.
Far from weakening the sanctity of marriage, these reforms seek to clarify the truth of a couple’s marital status with speed and compassionate justice, honoring Christ’s command to offer healing and reconciliation to those seeking to live in full communion with the church.