January 17 saw the first inauguration of the judicial year of the ecclesiastical tribunals of the Maltese province. It was a wonderful occasion held at the Archbishop’s Palace in Valletta, an event which brought to light the spirit of openness and accountability of the Church tribunals. It also offered those present an overview of the work accomplished during the last calendar year, while also providing projections for the year ahead.

Archbishop Charles Scicluna presented a very extensive expose on Pope Francis’s Motu Proprio, Mitis Iudex Dominus Iesus, a document which was promulgated in September 2015, by which the canons of the code of canon law pertaining to cases regarding the nullity of marriage, were reformed, resulting in the possibility of briefer processes.

From my own standpoint as the secretary general of the Cana Movement, I was prompted to reflect upon the objectives of our own mission, which are to help couples prepare for marriage, as well as accompany them with a view to strengthen their families and provide support in the event that they run into difficulties.

Cana is a place of ministry, but at the inauguration, I reaffirmed that, no less is the ecclesiastical tribunal such a place. In his first allocution to the Apostolic Tribunal of the Roman Rota, Pope Francis states that the tribunal is indeed “a place of ministry, lived out in joy and serenity that come from working where the Lord has placed us”. The presentations by the competent respective judicial vicars left no doubt about that.

The pastoral role of the Church tribunals is a demanding one because it involves working with people who have been hurt and disappointed in their marriages

The pastoral role of the Church tribunals is a demanding one because it involves working with people who have been hurt and disappointed in their marriages. When a couple marry, they never imagine that their union will not last. But sadly, marriages do break down, for several reasons.

At Cana, we strive to prepare the couple properly for the challenges that lay ahead, and also offer concrete help if their marriage runs into difficulties; but when the couple feel that conjugal life becomes a burden, to the extent that their situation is irremediable, they find themselves in uncharted and stormy waters.

During his welcome address, the judicial vicar of the appellate tribunal, Mgr Joseph Bajada, reflected upon how important it is for the ecclesial community to dedicate special care to these couples and their families, “in order to give testimony to the presence of God and His love, even in situations that are humanly difficult”.  In such circumstances, the Church tribunal’s doors are open to couples who wish to investigate the status of their marriage, with a view to examine its validity or otherwise. This is a painful process since it means “delving into the brokenness of their marriage, reliving past and present hurts”, as Mgr Bajada put it.

The tribunal embarks upon the task of reflecting upon each and every case in a spirit of truth and charity in order to help the couple discover a way in which to rebuild their broken lives.

The juridical nature of their role is not in conflict with the pastoral dimension of their work. To quote Pope Paul VI in his Allocation to the Roman Rota in 1973, “judicial authority is an authority of service”. This is one of the two aspects of the judicial task; the other is to seek the truth. And the Church tribunals leave no stone unturned in their endeavour.

There are those who would protest that a declaration of marriage nullity is nothing else but a form of “Catholic divorce”. But for the Church, there is no such thing. Both the Cana Movement and the ecclesiastical tribunals proclaim that there can be no confusion between the family, as designed by God, and any other kind of union. This is because the family is founded upon an indissoluble, unitive and procreative marriage of the spouses.

Indeed, the ultimate quest of the Church tribunals is to serve God’s people and to accompany them on their arduous journey towards God in a spirit of respect, solidarity, understanding and practical help. Urged by the words of Saint Pope John Paul II in Familiaris Consortio, n. 83, they help those who are unable to sustain their married lives to “preserve their fidelity” and “cultivate the need to forgive which is inherent in Christian love”, so that they may continue to be sharers in the life of the Christian community.

Christine Galea is secretary general, Cana Movement.

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