In
2009, Pope Benedict issued a motu proprio entitled, "Omnium in
Mentem," which stated:
“The Code of Canon Law
nonetheless prescribes that the faithful who have left the Church "by a
formal act" are not bound by the ecclesiastical laws regarding the
canonical form of marriage (cf. can. 1117), dispensation from the impediment of
disparity of cult (cf. can. 1086) and the need for permission in the case of
mixed marriages (cf. can. 1124). The underlying aim of this exception from the
general norm of can. 11 was to ensure that marriages contracted by those
members of the faithful would not be invalid due to defect of form or the
impediment of disparity of cult.
Experience, however, has shown
that this new law gave rise to numerous pastoral problems. First, in individual
cases the definition and practical configuration of such a formal act of
separation from the Church has proved difficult to establish, from both a
theological and a canonical standpoint. In addition, many difficulties have
surfaced both in pastoral activity and the practice of tribunals. Indeed, the
new law appeared, at least indirectly, to facilitate and even in some way to
encourage apostasy in places where the Catholic faithful are not numerous or
where unjust marriage laws discriminate between citizens on the basis of
religion. The new law also made difficult the return of baptized persons who
greatly desired to contract a new canonical marriage following the failure of a
preceding marriage. Finally, among other things, many of these marriages in
effect became, as far as the Church is concerned, "clandestine"
marriages.”
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