In Sardinia 64 church weddings canceled due to "incapacity" of the spouses

In Sardinia, in 2022, 64 weddings celebrated in church were cancelled.

The reason? In the vast majority of cases the motivation lies in the inability, on the part of the bridegroom or bride, to "express valid consent".

The Code of Canon Law (can. 1095, 2) in fact provides that a marriage celebrated with a Catholic rite is null if "consensual incapacity is ascertained even when the spouse (one of the spouses) seriously lacks discretion of judgment regarding the rights and mutual marital duties.

But, against 84% of annulments pursuant to canon 1095, last year, on the island, there were also annulments (14%) based on canon 1101, the one which provides that marriage is declared dissolved in the event of simulation . However, this type of lawsuit, it is reported, is "in decline".

The data were pitted by the ecclesiastical authorities yesterday, during the Dies iudicialis or the presentation - in the great hall of the archiepiscopal seminary of Cagliari - of the activities of the ecclesiastical courts.

As regards the times for analyzing the various cases, in Sardinia, on average, 16 months pass between the introduction of the case with the request for annulment and its settlement. There is still a lawsuit pending for over two years, but the ruling will come in a few weeks. The speed record, on the other hand, concerns a lawsuit presented last December and finalized with a sentence in February: just over two months.

In 2022, 81 cases were presented to the ecclesiastical authorities. The diocese of Cagliari tops the list with 49 cases (60%). Followed by 10 (12%) from Tempio-Ampurias; 9 (11%) from Sassari; 6 (5%) of Oristano; 4 (3%) of Ales-Terralba; 2 (1.5%) from Ozieri; 1 (0.8%) from Iglesias; none of Alghero-Bosa.

The Dies iudicalis, explained the Archbishop of Cagliari Giuseppe Baturi , «is an opportunity to verify the state of implementation in Italy, in Sardinia and in Cagliari, of the preliminary inquiry desired by the Holy Father himself. Even in our diocese this service, which not by chance bears the same name as the apostolic exhortation, is taking its first steps, and has the objective of accompanying couples in conditions of fragility, to start with them a path that is full integration. This means - concludes Baturi - that the judicial moment acquires its importance only within an integrated family pastoral care, capable of supporting families in the development of all their dimensions".

(Unioneonline/lf)