The invalidation of an ecclesiastical marriage
The ecclesiastical attorneys at our firm are reputable and professional attorneys with many years of experience. Within the framework of ecclesiastical matters, we cooperate with many law firms.
We handle cases in most of the ecclesiastical tribunals in the Republic of Poland.
Each of our lawyers provides comprehensive and complete assistance both at the stage of analysis of the case and throughout the trial not only up to the final verdict but also with regard to any appeal (appeal or other extraordinary appeals).
Our attorneys have the appropriate permanent episcopal appointments, which are available for inspection, as well as the right of representation in specific cases, the so-called ad causam appointments.
At the outset, it should be pointed out that canon law knows neither the process nor the institution of “ecclesiastical divorce” or “annulment of marriage”, which can often be encountered in the media and social media as well as in the press.
This does not mean that we cannot get the chance to get married again in the Church. Here we are helped by the ecclesiastical legislator, who shows us two possible procedures:
- dispensation from a marriage validly concluded but not fulfilled, the so-called super rato complaint,
- trial for the annulment of a church marriage
Within the framework of the above-mentioned procedures, the participation of a lawyer is of course not mandatory, but certainly very helpful – each party can conduct the process on their own.
Our role and assistance to you manifests itself in three directions:
Pre-trial stage
Our role and assistance is emphasised on thorough consultation of the case, assessment of the reasonableness of initiating a lawsuit, the chance of winning the lawsuit, gathering evidence, collecting the required documentation for the court, we prepare the plaintiff’s complaint. We also inform about the amount of court fees.
At the same time, we present what the process and its various stages look like, the possible outcome and further steps. We will tell you how the process of annulment of a church marriage differs from the secular process – civil divorce, and we will point out the consequences of the annulment of a marriage for the ecclesiastical community and for the parties themselves.
We answer exhaustively all questions and doubts addressed to us.
As part of the initial consultation, we also carry out a comprehensive psychological analysis, and if there is a prospect of the couple getting back together, we mediate and support them.
In the event that the claim is rejected, we help you to draw up a complaint against the rejection of the claim.
Litigation stage
This is a very important stage of the process, which is why the assistance of a lawyer is invaluable.
Our attorneys supervise the proceedings on an ongoing basis and actively participate in them by reviewing the files, drafting and preparing appropriate pleadings, selecting relevant additional evidence, responding to letters and actions of the defence counsel and the other party in the process.
We help prepare questions for the parties and witnesses for their cross-examination.
We attend the publication of the file before preparing the closing speech.
In the final stage of the proceedings, we prepare the position paper and critical comments on the expert opinion and the defence speech at the end of the trial (the so-called final speech).
At the same time, we prepare a position paper and comments on the closing remarks of the defence counsel.
For parties who are conducting their own trial, we offer professional and inexpensive advice and consultation assistance in the case.
Judgment appeals and removal of judgment clauses and other actions
Once a judgment has been rendered in a case, unfortunately it is not always favourable or contains defects. Our attorneys prepare a professional appeal to the court of second instance and at a later stage a possible request for the appointment of a third instance in the Republic of Poland or directly to the Supreme Court of the Roman Rota with its seat in Rome within the territory of the Vatican City State.
If the judgment has defects (irremovable or irremovable), our attorneys will also help draft the appropriate appeals to set aside an unfavourable or defective judgment.
As part of our services, we assist both plaintiffs and defendants.
At the same time, we would like to point out that our attorneys in certain situations in the Code of Canon Law can represent both spouses in cases of annulment of church marriage (among other things, when they agree on the grounds for annulment) which can many times reduce the time of the trial.
What are the benefits of having a church lawyer in the case:
- Professional analysis of the case and drafting of a compliant plaintiff’s complaint,
- Active participation in the proceedings – only the lawyer can review the case file at any stage of the proceedings, this allows you to stay informed about the status of the case,
- Lawyer can attend witness hearings and ask questions through the judge,
- He/she keeps abreast of the next stages of the process, helps to select the appropriate evidence, makes relevant replies to the letters of the parties, the attorneys and the marriage counsel,
- Has the right to submit a defence speech in writing and to submit a reply to the marriage guardian’s or the advocate’s voice,
- Has a legal obligation to file an appeal unless the mandatee does not agree and so wishes,
- Promotes speed and efficiency in the proceedings