Published: 2024-06-28

A copy of the civil divorce judgment and the acceptance of a claim for declaring the nullity of marriage in the church court

Piotr Majer
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2023.35.1.03

Abstract

The article focuses on the analysis of the practice of ecclesiastical courts in Poland regarding the requirement to attach a copy of the divorce decree to a petition for the dec- laration of nullity of marriage. Based on the provisions of the Code of Canon Law 1983, including canon 1504 and the instruction Dignitas connubii, it examines whether there is a formal requirement to present such a document and what are the practical consequences of its absence. The article also includes an interpretation made by the Supreme Tribunal of the Apostolic Signatura in the context of the distinctiveness of ecclesiastical and state legal orders. Moreover, the article investigates how documentation from the divorce process can influence decisions in cases concerning the declaration of nullity of marriage.

Keywords: declaration of nullity of marriage, civil divorce, copy of divorce decree

Keywords:

declaration of nullity of marriage, declaration of nullity of marriage, civil divorce, copy of divorce decree

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Citation rules

Majer, P. . (2024). A copy of the civil divorce judgment and the acceptance of a claim for declaring the nullity of marriage in the church court. Ius Matrimoniale, 35(1), 95–125. https://doi.org/10.21697/im.2023.35.1.03

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