Spain

Archbishopric of Madrid abolishes court fees

The Archdiocese of Madrid also offers those who initiate a nullity case the possibility of free legal assistance.

Diego Pacheco-January 27, 2016-Reading time: 2 minutes

In full harmony with the desire expressed on several occasions by Pope Francis and setting a clear precedent, the Archbishop of Madrid, Mons. Carlos Osoro, has decided to initiate the path of free marriage annulment proceedings - the cost of which has sometimes scandalized, somewhat unfairly, some - and has decided to abolish all court fees collected in the ecclesiastical court of Madrid to cover the costs of the canonical process that follow the causes of declaration of marriage annulment.

Osoro read at the end of the Mass celebrated in the Almudena Cathedral on the occasion of the Immaculate Conception the decree that applies in the archdiocese the "motu proprio Mitis Iudex Dominus Iesus".Pope Francis approved on September 8 the reform of the marriage annulment process.

The decree of the Archbishop of Madrid provides not only for the suppression of all court fees in the Metropolitan Ecclesiastical Tribunal of Madrid, but also that those who go to court will be offered the possibility of being assisted in the process free of charge by a lawyer. That's right, "Those who, nevertheless, prefer the private assistance of another lawyer, may do so freely, abiding by the prescriptions in force in the Metropolitan Ecclesiastical Tribunal of Madrid. These private lawyers, in order to be admitted to the process, must be included in the list of lawyers of the tribunal, be in possession of an adequate training in Canon Law, duly accredited, preferably a degree or doctorate in Canon Law, and their emoluments should not exceed €2,500 in the ordinary process and €1,000 in the shorter process".

This decision of the Archbishop of Madrid is complemented by the decision to invite those who use the services of the ecclesiastical tribunal to offer a donation to help support it. On December 11, the bishops of the ecclesiastical province of Santiago also stressed the need to eliminate the obstacles that the faithful may encounter in gaining access to the Church's tribunals. And they recalled that in the Galician dioceses the total gratuity or the reduction of fees in the processes of nullity (in proportion ranging from 25 to 75 %) is granted according to the economic situation of the parties.

The authorDiego Pacheco

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