|Processes » Certain Special Processes » Matrimonial Processes » Cases to declare the nullity of marriage » The sentence and the appeal|
|Canon 1681.||If a sentence has become effective, one can go at any time to a tribunal of the third level for a new proposition of the case according to the norm of can. 1644, provided new and grave proofs or arguments are brought forward within the peremptory time limit of thirty days from the proposed challenge.|
|Canon 1682.||§1. After the sentence declaring the nullity of the marriage has become effective, the parties whose marriage has been declared null can contract a new marriage unless a prohibition attached to the sentence itself or established by the local ordinary forbids this.
§2. As soon as the sentence becomes effective, the judicial vicar must notify the local ordinary of the place in which the marriage took place. The local ordinary must take care that the declaration of the nullity of the marriage and any possible prohibitions are noted as soon as possible in the marriage and baptismal registers.
|Canon 1683.||The diocesan bishop himself is competent to judge cases of the nullity of marriage with the briefer process whenever:
1. the petition is proposed by both spouses or by one of them, with the consent of the other;
2. circumstance of things and persons recur, with substantiating testimonies and records, which do not demand a more accurate inquiry or investigation, and which render the nullity manifest.
|Canon 1684.||The libellus introducing the briefer process, in addition to those things enumerated in can. 1504, must:
1. set forth briefly, fully, and clearly the facts on which the petition is based;
2. indicate the proofs, which can be immediately collected by the judge;
3. exhibit the documents, in an attachment, upon which the petition is based.
|Canon 1685.||The judicial vicar, by the same decree which determines the formula of the doubt, having named an instructor and an assessor, cites all who must take part to a session, which in turn must be held within thirty days according to can. 1686.|
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