The Law Office of
Piotr Stączek, Advocate

LEGAL SERVICES IN CANON LAW
DECLARATION OF NULLITY (MARRIAGE ANNULMENT) IN POLAND.

We provide legal services relating to canon law.

Matrimonial law: process for the declaration of the nullity of marriage

• legal advice
• preparing a plaintiff's petition
• submission of cases to a competent tribunal in a proper process
• preparing pleadings filed in the course of proceedings concerning the determination or change of the dubium of the litis contestatio
• appeals to the second instance
• appeals to the Roman Rota (third instance and further instances before the Roman Rota)
• complaints of nullity against sentences suffering from irremediable or remediable nullity (querella nullitatis)
• petitions for restitutio in integrum (total reinstatement)
• replies to observations by the defender of the bond
• final pleadings, before the judgement is passed (modelled on defence summations)
• resubmitting a case on different grounds
• replies of the defendant (reus) to a plaintiff's petition
• counterclaims (filed by the defendant in reply to a plaintiff's petition)

Matrimonial law: process for the dispensation of a ratified and non-consummated marriage

• legal advice
• representing parties in the process for the dispensation of a ratified and non-consummated marriage

Matrimonial law: contracting marriage

• opinion on contracting marriage with a person of a different confession
• opinion on contracting marriage with a person of a different religion
• opinion on obtaining a permission required for the validity or liceity of marriage

Law of other sacraments--legal advice:

• baptism of a child-refusal by the parish priest
• determining the validity of baptism
• confirmation-refusal to administer the sacrament
• penance-refusal to administer absolution
• the Eucharist-refusal to administer the First Holy Communion

Penal law

• opinion on whether a punishment has been imposed in the Church
• opinion on the remission of a punishment in the Church

Representing ecclesiastical juridical persons-legal opinions

• assessment of the representation of a diocese
• assessment of the representation of a parish
• assessment of the representation of an institute of consecrated life established under diocesan laws
• assessment of the representation of an institute of consecrated life established under papal laws
• assessment of the representation of a society of apostolic life
• conference of the Polish Episcopate
• other ecclesiastical juridical persons

Ecclesiastical juridical persons in legal transactions-legal opinions

• legal opinion on the observing of canons concerning the selling and encumbering of property owned by ecclesiastical juridical persons

Other:

• protecting the personal interests of ecclesiastical juridical persons under the Polish law
• protecting the personal interests of natural persons (freedom of conscience and religion as protected rights)
• forbidding entities to use the word "Catholic" in their names-protection of the name "Catholic" under the Civil Code
• ecclesiastical juridical persons as entities having monopolistic/dominant positions in the markets for certain services
• ecclesiastical juridical persons as persons involved in unfair competition acts
• persons publishing books, press articles, and works on strictly religious topics (concerning the doctrine) require an imprimatur by the competent Church authority, enforceability of these canons under the Polish Law and the founding of civil-law claims on these canons
• liability of the parish priest for damages arising from his assisting in the celebration of the marriage through failure to fulfil duties under the Canon Law and the Polish law
• Church foundations
• Church associations

Which court is competent to process of canon marriage annulment?

In accordance with can. 1672. In causes of nullity which are not reserved to the Vatican are competent:

• the court of the place where the marriage was concluded
  For example, marriage was celebrated in Warsaw. Competent court will be in Warsaw.
• the court of the place in which one or both parties have a place of residence or quasii place of residence
  For example, husbund lives in Paris, his wife lives in Luxembourg. Process of nullity could take place in Paris or Luxembourg.
• the court of the place in which in evidence it should collect most of the tests.
  For example both parties have a domicile in London, but most witnesses live in Berlin. Process of nullity could take place in Berlin.

The most common reasons of annulment are defects of marriage consent

• mental incapacity
• simulation
• ignorance
• error
• fraud
• conditioned consent
• force or fear

The circumstances of the process shorter established by Pope Francis:

1. the lack of faith that can causes the simulation or the error
2. the short period of married life
3. abortion to prevention procreation
4. the malicious concealment of infertility or a seriousor contagious disease or incarceration or children born from a previous relationship
5. the stubborn persistence in a extramarital affair at the moment of the wedding or at a time immediately following
6. the unplanned pregnancy of the woman or the cause of marriage was completely foreign to married lif
7. mental illness proved by medical documents
8. the physical violence aim to extort the marriage