Judicial Discernment in the Process of Nullity of Marriage: Connection between Juridical Prudence, Compassion and Search for Truth

Abstract

Pope Francis’ address in oc­casion of the inauguration of the judi­cial year 2024 of the Apostolic Tribunal of the Roman Rota offers the possibility to reflect the issue of judicial discern­ment. In His speech, the Pope intended to highlight the specific discernment that judges are required to carry out in the field of marriage annulment proce­dures, concerning the existence or of the reasons to declare the nullity of a mar­riage. The Holy Father has also empha­sized how the theme of discernment is very relevant not only in the context of matrimonial annulment procedures but also in family pastoral care, which must be inspired by compassion towards the faithful who find themselves in prob­lematic situations. This also means al­ways promoting a connection between pastoral and juridical dimensions. In this regard, Pope Francis has stressed how the application of the law, although sub­ject to legal technicality, cannot howev­er ignore human data, since it requires a constant work of adaptation to the con­crete case, that is to the specific needs of each believer, always safeguarding the search for truth and justice. The content focuses on the : importance of judicial and preliminary ruling discern­ment, correct connection between com­passion juridical prudence and search for truth in the process of matrimonial nullity, importance of a synodal discern­ment of the judge, prayer of invocation to the Holy Spirit before a decision and ongoing formation of justice workers for the good of souls.