Art. 6. The Documentary Process

Can. 1686 After receiving a petition proposed according to the norm of can. 1677, the judicial vicar or a judge

designated by him can declare the nullity of a marriage by sentence if a document subject to no contradiction or

exception clearly establishes the existence of a diriment impediment or a defect of legitimate form, provided that

it is equally certain that no dispensation was given, or establishes the lack of a valid mandate of a proxy. In these

cases, the formalities of the ordinary process are omitted except for the citation of the parties and the intervention

of the defender of the bond.

Can. 1687 §1. If the defender of the bond prudently thinks that either the flaws mentioned in can. 1686 or the lack

of a dispensation are not certain, the defender of the bond must appeal against the declaration of nullity to the judge

of second instance; the acts must be sent to the appellate judge who must be advised in writing that a documentary

process is involved.

§2. The party who considers himself or herself aggrieved retains the right of appeal.

Can. 1688 The judge of second instance, with the intervention of the defender of the bond and after having heard

the parties, will decide in the same manner as that mentioned in can. 1686 whether the sentence must be confirmed

or whether the case must rather proceed according to the ordinary method of law; in the latter event the judge

remands the case to the tribunal of first instance.