The Nullity of Marriage Procedure

The decision to end a marriage celebrated with a religious rite is a complex path involving two distinct legal systems: the canon law of the Church and the civil law of the Italian State. Understanding the interactions between these two systems is crucial for anyone considering the declaration of nullity of their concordatary marriage. Undertaking this procedure requires not only a deep knowledge of the regulations but also particular sensitivity to the personal and emotional implications involved. In this context, the role of an expert matrimonial lawyer becomes crucial for navigating the process with clarity and fully protecting one's rights.

Concordatary Marriage and Causes of Canonical Nullity

In Italy, a marriage celebrated according to the Catholic rite, known as concordatary marriage, produces effects for both the Church and the State, following its transcription in the civil status registers. Nullity, unlike divorce, does not dissolve a valid union but ascertains that the marriage, due to defects present from the outset, never validly came into existence. The causes of nullity are defined by canon law and include, among others, defects of consent (such as simulation of marriage or exclusion of one of its essential properties, like fidelity or procreation), the inability to assume marital obligations due to psychic reasons, or the existence of a diriment impediment.

The Delibation Process: Civil Effect of the Ecclesiastical Sentence

Once the Ecclesiastical Tribunal has issued the nullity sentence, it does not automatically produce effects in the Italian legal system. To make it civilly effective, a specific procedure called delibation must be initiated before the competent Court of Appeal. During this process, the civil judge does not re-examine the merits of the nullity case but verifies the existence of certain formal conditions. In particular, the Court ascertains that the ecclesiastical judge had jurisdiction, that the parties' right to defense was respected in the canonical proceedings, and that the sentence does not contain provisions contrary to Italian public order, a concept that includes the fundamental principles of our legal system.

The Approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an expert in matrimonial law in Milan, is based on an integrated and strategic management of marriage nullity cases. A deep understanding of the dynamics linking the canonical and civil processes allows for comprehensive assistance, starting with a preliminary assessment of the grounds for nullity and continuing with the management of the delibation procedure. The goal is to ensure that the civil effects of the ecclesiastical sentence are correctly recognized, with particular attention to financial consequences, such as the possible revision of economic agreements previously established in separation or divorce proceedings.

Frequently Asked Questions

What is the difference between annulment of marriage and divorce?

The difference is substantial. A declaration of nullity ascertains that the marriage never validly existed due to an original defect (retroactive effect, ex tunc). Divorce, on the other hand, dissolves a marriage that came into existence and produced its effects, but whose bond has been broken (non-retroactive effect, ex nunc). The legal consequences, especially financial ones, are profoundly different.

How long does the nullity and delibation process take?

The timelines are variable and depend on the complexity of the case and the workload of the courts. The canonical process can take one to two years, or longer in complex cases. The subsequent delibation procedure before the Italian Court of Appeal typically has a shorter duration, around one year, but each case has specific timelines.

Does marriage nullity cancel maintenance payments?

The delibation of a nullity sentence can affect financial obligations. If a divorce decree providing for spousal support becomes final before the delibation, the support payment generally remains. However, the Court of Appeal carefully evaluates the circumstances, particularly the good or bad faith of one of the spouses at the time of the celebration, and may revise economic provisions, for example, excluding the right to support for the spouse who caused the nullity.

Is a lawyer always necessary for delibation?

Yes, the delibation procedure takes place before the Court of Appeal and requires mandatory legal assistance. It is essential to rely on a lawyer with specific experience in the matter to correctly manage the procedural steps and protect one's interests.

Request an Assessment of Your Case

Understanding the complex implications of marriage nullity is the first step in making informed decisions about your future. If you are considering this path, it is essential to receive qualified legal advice that analyzes your specific situation in light of canon and civil law. Lawyer Marco Bianucci, as a matrimonial lawyer in Milan, offers targeted consultations to assess the feasibility of a nullity action and its consequences. Contact Studio Legale Bianucci, located at Via Alberto da Giussano, 26, to schedule an appointment and receive a clear and strategic analysis.