Santiago, Chile, Dec 30, 2017 / 03:04 am
In the process of declaring the nullity of marriage there is a position of utmost importance which allows the judges to reach the moral certainty required to make their judgement: the office of the defender of the bond.
A marriage is presumed valid unless it is proved otherwise. The nullity of a marriage is established only when there exists proof that a marriage never in fact took place.
The defender of the bond participates in the process of declaring nullity "always to defend the validity of the marriage," Sigal Rodríguez Conca, a canon lawyer who has worked for the tribunal of the Archdiocese of Santiago de Chile, told CNA.
The defender of the bond, Rodriguez said, aims to ensure that the process is conducted fairly, and upholds the marriage's presumed validity. This role sets out arguments and aims to rebuts any evidence and conclusions of the petitioner – the spouse who is seeking to challenge the marriage's validity.