The Discovery of Bigamy and its Legal Consequences in Italy

Discovering that one's spouse was already bound by a previous, undissolved marital bond is a traumatic event that shakes the foundations of personal and family life. Beyond the emotional shock, this situation opens up a complex legal scenario strictly regulated by the Italian legal system. As an expert lawyer in family law in Milan, Avv. Marco Bianucci understands the delicacy of such circumstances and the need to act promptly to clarify the legal status of the parties involved.

In our legal system, the principle of freedom of status prevails: to contract marriage, one must not be bound by previous marriages having civil effects. Article 86 of the Civil Code clearly prohibits new marriages for those who are already married. Violation of this rule leads to the nullity of the second marriage and constitutes, on a criminal level, the crime of bigamy. However, the legislator has provided specific protections for the spouse who entered into the marriage in good faith, unaware of the other's previous bond. This legal figure is known as putative marriage.

Putative Marriage and the Rights of the Deceived Spouse

The nullity of a bigamous marriage, although it operates retroactively, encounters an important exception if the spouses, or at least one of them, were in good faith at the time of the celebration. If the spouse unknowingly ignored the partner's previous bond, the marriage is considered valid and effective until the judgment declaring its nullity. This institution serves to protect the weaker party from unjust legal consequences that would result from a *tout court* annulment.

From the perspective of an expert lawyer in family law, it is crucial to emphasize that the spouse in good faith is entitled to specific rights. In addition to the protection of the children's status, who always remain legitimate regardless of the parents' good or bad faith, the law provides for economic protections. Article 129 bis of the Civil Code establishes that the spouse in bad faith (the bigamist) may be ordered to pay the other a fair indemnity, which includes not only maintenance for a specific period but also compensation for damages arising from the invalidity of the bond.

The Approach of the Bianucci Law Firm in Cases of Marital Nullity

Handling a case of bigamy requires a legal strategy that goes beyond a simple request for annulment. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses on the meticulous analysis of evidence to demonstrate the client's good faith and the opposing party's bad faith. This step is crucial to activate the compensatory protections provided by law.

The Bianucci Law Firm operates with the utmost discretion, aware of the emotional impact of the situation. The primary objective is to obtain a declaration of nullity of the marriage while protecting the client's assets and psychological well-being. Through a thorough examination of the documentation and the circumstances that led to the marriage, the firm works to correctly quantify the damages suffered, both material and moral, and to ensure that succession or social security rights accrued up to the judgment are, where possible, safeguarded according to the rules of putative marriage.

Frequently Asked Questions

What happens if I discover my husband or wife is already married?

If the existence of a previous marital bond valid for civil effects is discovered, the second marriage is null and void. It is necessary to take legal action to have this nullity declared by the court. However, if you were in good faith at the time of the wedding, the law protects you through the institution of putative marriage, guaranteeing the effects of the marriage until the judgment.

Am I entitled to damages for marrying a bigamist?

Yes, the civil code provides for specific compensatory protections. If the spouse was in good faith, the partner who caused the nullity of the marriage (being aware of their previous bond) may be ordered to pay a fair indemnity. This sum must cover maintenance for a period of up to three years and compensate for the moral and material damages suffered.

Are children born from a bigamous marriage legitimate?

Absolutely yes. Italian law always protects children. Even if the marriage is declared null and void due to bigamy, children retain the status of legitimate children and maintain all rights towards both parents, including those for maintenance, education, and succession rights.

Is the crime of bigamy prosecuted ex officio?

Bigamy is a crime provided for by Article 556 of the Criminal Code. As a crime against the family, it has public relevance. However, on a civil level, to obtain the nullity of the marriage and related economic protections, the intervention of a civil lawyer is necessary to initiate the procedure before the competent court.

Request a Legal Consultation in Milan

The discovery of a bigamous marriage requires firm and competent legal management to re-establish legal truth and obtain fair compensation. Avv. Marco Bianucci is available to examine your case with the necessary confidentiality and professionalism. The firm receives clients in Milan at Via Alberto da Giussano, 26. Contact Avv. Marco Bianucci for an assessment of your situation and to define the best protection strategy.