Canon 1400 §1: The following are subject to judicial proceedings: 1° the assertion or vindication of the rights of physical or juridic persons, or the declaration of juridic facts.

Canon 1471: Matrimonial cases involving baptized persons belong by their own right to the ecclesiastical judge.

INSTRUCTIONS

These guidelines are intended to assist in preparing the petition for a declaration of nullity (Libellus) and contain the essential elements required for submission to the Ecclesiastical Tribunal of the Diocese of Cancún-Chetumal.

The Church teaches that a marriage that has been validly contracted and consummated in a human manner is indissoluble (cf. cc. 1061 §1; 1141). Consequently, no Ecclesiastical Tribunal “dissolves” a marriage. The Roman Pontiff (the Pope) may grant a dispensation when a marriage that has been contracted has not been consummated for some reason (cf. cc. 1697–1706). There is also what is known as the “Privilege of the Faith” (cf. c. 1143). This applies when two unbaptized persons, married in any form, separate, and after their separation one of them receives Baptism or wishes to marry a baptized person.

The Church declares a religious marriage null and invalid (as it has no jurisdiction over civil marriage) when the interested parties—or at least one of the spouses—proves, through proceedings before a competent Ecclesiastical Tribunal, that at the time the marriage was celebrated, a circumstance existed that rendered the marriage contract invalid. Broadly speaking, these grounds include:

1. An impairment affecting one or both parties’ canonical capacity to marry;

2. A defect in matrimonial consent; and

3. A defect in canonical form.

Church Tribunals proceed according to the norms established in the 1983 Code of Canon Law (CIC), as well as the reforms introduced by Pope Francis regarding matrimonial nullity proceedings, particularly Mitis Iudex Dominus Iesus, promulgated in Rome on August 15, 2015. Proceedings are based on the truthfulness of the parties, the witnesses presented, and other forms of evidence, including expert testimony and documentary evidence. All evidence must be free from any suspicion of unreliability.

Submitting a written petition alleging the nullity of a marriage does not mean that the marriage will necessarily be declared null. The petitioner (known as the petitioner or plaintiff) must understand that the process begins an investigation to determine whether the marriage was in fact invalid or whether it was valid. This determination depends on the quality, rather than the quantity, of the evidence presented by the petitioner.

Your petition must be submitted in writing. From the moment your case is accepted, the petitioner may not, under any circumstances, schedule a new marriage in the Church. This may only be done after the proceedings have been concluded.

Procedure

The Ecclesiastical Tribunal of the Diocese of Cancún-Chetumal is responsible for examining and deciding the case, issuing either an affirmative or negative judgment.

If the decision is affirmative, once the result has been communicated to the parties, and if no objections are submitted within 15 days, the judgment becomes final.

If the decision of the Ecclesiastical Tribunal of the Diocese of Cancún-Chetumal is negative, the party who considers themselves adversely affected has the right to request a review of the case before the Tribunal of Appeal, necessarily presenting arguments and new evidence. If these are deemed insufficient, the Tribunal of Appeal confirms the original judgment. If, even then, either party considers themselves adversely affected, the documents may be referred to the Roman Rota, which has the final authority to decide the matter.

The Ecclesiastical Tribunal of the Diocese of Cancún-Chetumal is competent to hear cases involving spouses when:

1. The marriage was celebrated in a parish within this particular Church;

2. One or both parties have their domicile or quasi-domicile within this territory; or

3. This Tribunal is the forum best able to gather the greatest amount of relevant and reliable evidence (cf. c. 1672).

Each level of the proceedings follows its own rules, and it is not possible to determine in advance how long the examination of a case will take. Nevertheless, members of the various Tribunals are obligated not to unnecessarily prolong the proceedings (cf. c. 1465 §3).

The process begins with the submission of the Libellus (petition) and concludes with a definitive judgment or with a decree that otherwise brings the case to an end.