Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Dispensation from the impediment of the bond of marriage, 2002, Private.


A diocesan tribunal was unable to complete the process for an annulment due to the lack of witnesses and insufficient testimony. The petitioner wanted the annulment in order to be admitted validly to the novitiate of a religious institute. The major superior of the religious institute recognized the potential of the candidate for religious life and sought the advice of a canonist. The judicial vicar of the diocese in which the annulment was being processed advised the canonist that, in addition to lack of witnesses and testimony, the respondent failed to cooperate. The canonist recommended to the major superior that the woman petition the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (ClCLSAL) for a dispensation from the invalidating impediment of the marriage bond (c. 643, §1, 2°) in order to be admitted validly to the novitiate of the religious institute. The following steps were taken:




The woman petitioned the diocesan bishop of the tribunal to grant her a decree of permanent separation from her spouse in accord with canon 1153. The bishop responded with the following decree:

DECREE

In accord with the petition presented to the Diocese of ______ by ______ and considering the testimony presented and in accord with the provisions of the revised Code of Canon Law, I, the undersigned Bishop of ______, grant the required permission for the separation of ______ and ______ as to Bed, Board and Dwelling Place.

This permission is granted in order for ______ to embrace the religious life and does not dissolve the bond of marriage or grant the right to a new marriage.

Given this ___ day of ______, _____

At the Diocesan Curia, ______ , ______.

Diocesan Bishop

Assistant Chancellor




Besides the petition of the woman for the dispensation from the impediment, the supporting statement of the major superior of the religious institute, and the decree of permanent separation granted by the bishop, the following documents were also required by CICLSAL:

1. Certificates of baptism, confirmation and matrimony;

2. Curriculum vitae;

3. Certificate of civil divorce;

4. Some testimony about the reasons that led to divorce;

5. The state of the petitioner's family, i.e., whether there are moral obligations towards children or other persons - especially the old and the sick;

6. Declaration from the petitioner's children in which they state that they do not oppose the choice of their mother;

7. Attestations of the petitioner's good conduct.




The documents were sent to CICLSAL, and the following decree was issued by that same dicastery:

CONGREGATIO PRO INSTITUTIS VITAE CONSECRATAE ET SOCIETATIBUS VITAE APOSTOLICAE

Prot. N.

BEATISSIME PATER

Superiorissa ______, Urbis ______, dioecesis ______, a Sanctitate Tua humiliter implorat dispensationem a praescripto can. 643, §1, 2° ut a novitatum admittere valeat Dominam ______, vivente coniuge, propter rationes allatas.

Congregatio pro lnstitutis vitae consecratae et Societatis vitae apostolicae, attentis expositis, annuit pro gratia iuxta preces, servatis ceteris servandis.

Contrariis quibuslibet non obstantibus.

Datum ______ in Civitate Vaticana

Secretary

Undersecretary




[English translation]

MOST HOLY FATHER

Major Superior ______, city ______, diocese ______, seeks from Your Holiness a dispensation from the requirement of can. 643, §1, 2° so that the woman ______ may be admitted validly to the novitiate, during marriage, for the reasons presented.

The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, having considered the reasons set forth, grants an indult according to the petition, all things being observed.

Anything to the contrary not withstanding.

Given on ______ at Vatican City

Secretary

Undersecretary




Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Dispensation from the impediment of the bond of marriage, 2002, Private, CLSA, Roman Replies and Advisory Opinions, 2002, 9-11.