Economic Rights in a Marriage Declared Null

When a marriage is declared null or annulled, it is often thought that all legal and economic effects cease retroactively, as if the union had never existed. However, the legal reality is much more nuanced and protective, especially when dealing with putative marriage. Understanding your rights in these circumstances is fundamental, particularly concerning significant economic entitlements such as Severance Pay (TFR). As a family law attorney practicing in Milan, I often meet clients concerned about losing all economic protection following a decree of marital nullity. It is essential to know that the Italian legislator has provided specific protections for the spouse who entered into the union in good faith, unaware of the grounds that would have led to its invalidity.

Putative Marriage and the Protection of Good Faith

The concept of putative marriage, governed by Article 128 of the Civil Code, represents an essential safeguard in our legal system. It establishes that if the marriage was entered into in good faith by at least one of the spouses (or if consent was extorted by violence or determined by fear), the union produces the effects of a valid marriage until the decree of nullity. This principle has direct repercussions on patrimonial rights. Although the regulation of TFR is specifically governed by the divorce law (art. 12-bis L. 898/1970), case law and legal scholarship tend to recognize, in the presence of certain prerequisites such as entitlement to maintenance, the extension of these rights also to the putative spouse. Good faith, understood as ignorance of the cause of invalidity at the time of the wedding, therefore becomes the key to accessing the division of indemnities accrued by the former partner.

Studio Legale Bianucci's Approach to Patrimonial Protection

Avv. Marco Bianucci, an expert family law attorney in Milan, addresses issues related to putative marriage with an analytical and strategic approach. The complexity of these cases lies in the need to irrefutably demonstrate the client's good faith and to correctly quantify entitlements. It is not just about applying a mathematical formula, but about building a solid argument that connects the duration of marital cohabitation to the right to a share of the TFR. Studio Legale Bianucci thoroughly examines the chronology of events, the date the TFR accrued, and the existence of requirements for periodic maintenance, elements often indispensable for claiming the share. The goal is to transform an abstract rule into concrete protection, ensuring that the end of the marital bond, even if resulting from nullity, does not translate into economic injustice for the weaker party.

Frequently Asked Questions

What exactly is putative marriage?

Putative marriage is a marriage declared null or annulled which, however, produces the effects of a valid marriage until the decree of nullity, provided that it was entered into in good faith by at least one of the spouses or that consent was extorted by violence.

Am I always entitled to TFR if my marriage was annulled?

It is not an automatic right in all circumstances. The right to a share of TFR in the context of marital nullity generally requires that the requesting spouse be in good faith and that, similar to what happens in divorce, they are entitled to periodic maintenance and have not remarried. The assessment must be made on a case-by-case basis with an expert.

How is the share of TFR calculated?

The share usually corresponds to 40% of the total indemnity attributable to the years in which the employment relationship coincided with the marriage. In the case of putative marriage, the calculation must take into account the period during which the union produced valid legal effects before the decree of nullity.

What happens if the other spouse remarries?

If the spouse who accrued the TFR remarries, the matter becomes more complex and a legal proceeding may be necessary to divide the share between the putative spouse (ex) and the new surviving or divorced spouse, based on the duration of their respective marital relationships.

Is a lawyer necessary to claim the TFR share?

Yes, it is highly advisable. The matter intersects civil law, labor law, and constantly evolving case law. An expert professional is essential to properly notify the claim, interrupt the statute of limitations, and negotiate with the ex-spouse or employer.

Protect Your Rights with Avv. Marco Bianucci

If you are undergoing a marital nullity procedure or have doubts about your economic rights as a spouse in good faith, do not let time compromise your position. Avv. Marco Bianucci is at your disposal to analyze your specific situation and outline the most effective strategy to protect your financial future. Contact the firm at Via Alberto da Giussano, 26 in Milan for an in-depth consultation.