The matrimonial matters handling by the Ecclesiastical Court of the Włocławek Diocese over the years 1992–2017

Abstract

In the years 1992–2017, the Church of the Diocese of Włocławek conducted 1514 proceedings for annulment of marriage. The positive verdicts were 1197 and the negative 317. The majority of cases were conducted due to consensual incapacity to marry, defects and irregular marital consent, ie: mental incapacity to take important marital obligations (can. 1095, no. 3) – 1292, then Total Simulation (can. 1101 § 2) – 510 and Partial Marital Consent (can. 1101 § 2) – 292 and deceitful mischief (can. 1098) – 195. The least for coercion and fear (can. 1103) – 57, lack of appreciation of the evaluator (can. 1095, no. 2) – 47 and the error as to the character of the person (can. 1097 § 2) – 9. The marriage annulling process was also carried out for the marital obstacles existing at the time of the marriage: (can. 1084 § 1) – 26 cases (14 positive verdicts, 12 negative ones), marriage bond (can. 1085 § 1) – 1 case (positive verdict), different religions 1086 § 1) – 1 case (positive verdict) and obstacles of kinship (can 1091) – 2 cases (both verdicts positive). There was also 1 documentary process, 1 dispensation process from incomplete marriage, 2 spouses separation process. In 21 cases the marriage was discontinued, in 158 cases the plaintiff discontinued the proceedings (abandoned cases) and in 138 cases brought an invalidity petition was rejected in the preliminary proceedings and no canonical process.

The analysis of the jurisprudence of the Church of the Diocese of Włocławek on marriage issues over the last 25 years has brought the court closer to the work and activity of the tribunal, showed the characteristics of the case law in matrimonial matters, as well as the number of marriages conducted and ruled and pointed out the growing number of marriages of non- as well as conducted canonical processes.