The Phenomenon of Marriage of Convenience and Italian Legislation

Marriage, in our legal system, is founded on material and spiritual communion between spouses. However, it sometimes happens that this bond is contracted exclusively for purposes unrelated to the family union, such as obtaining a residence permit or Italian citizenship for one of the spouses. When a wedding is celebrated without a real intention to form a family, but only to circumvent immigration laws, we are faced with what is legally defined as simulated marriage. Understanding the seriousness of this situation is the first step in protecting one's rights, especially if one finds oneself involved, knowingly or unknowingly, in a union that does not reflect the truth of the facts.

Italian law, and specifically Article 123 of the Civil Code, explicitly provides for the possibility of challenging a marriage when the spouses have agreed not to fulfill the obligations and not to exercise the rights arising from it. As an expert lawyer in family law in Milan, Avv. Marco Bianucci emphasizes that jurisprudence is very rigorous in assessing the existence of simulation. It is not enough for the marriage to have failed or lasted a short time; it is necessary to prove that, from the outset, there was an agreement between the parties (or a mental reservation by one of them known to the other) aimed at excluding all substantial content of the marital bond. In addition to civil consequences, which lead to the nullity of the bond, it is crucial to be aware that contracting a fictitious marriage solely to obtain immigration benefits can constitute criminal offenses, including aiding and abetting illegal immigration or false attestation to a public official.

The Bianucci Law Firm's Approach to Proving Simulation

Facing a lawsuit for the declaration of nullity of a simulated marriage requires a meticulous evidentiary strategy and a thorough analysis of the facts. The approach of Avv. Marco Bianucci, an expert lawyer in matrimonial law in Milan, is distinguished by the ability to reconstruct the case not only from a legal but also from a factual point of view. Often, those who turn to the firm discover the spouse's real intentions only later, feeling deceived in their feelings and good faith. In these cases, the goal is to gather concrete evidence demonstrating the absence of affectio maritalis from the beginning.

The Bianucci Law Firm works closely with the client to identify the necessary documentary and testimonial evidence. Elements such as the lack of cohabitation after the wedding, the absence of intimate relations, immediate separation of assets not accompanied by a shared life, or testimonies confirming the foreign spouse's intention to marry only for documents, are crucial. The experience gained by Avv. Marco Bianucci allows for a precise assessment of whether the conditions for legal action exist, considering that challenges for simulation are subject to very strict forfeiture periods (usually one year from the celebration or from the moment cohabitation ceases, if it has occurred). The defense strategy aims to obtain a judgment declaring the marriage as never having produced effects, protecting the client also from any future financial claims or inheritance rights that the spouse might assert.

Frequently Asked Questions

What are the deadlines for challenging a simulated marriage?

The action to challenge a marriage for simulation must be brought within one year of the wedding ceremony. However, if the spouses have cohabited as husband and wife after the celebration, the action can no longer be brought. It is essential to consult an expert lawyer promptly to verify if the deadlines are still open and if the cohabitation that occurred can be considered legally relevant to remedy the defect.

What are the risks for someone who contracts a marriage solely for a residence permit?

In addition to the civil nullity of the marriage, there are serious criminal risks. If it is proven that the marriage was arranged solely to obtain a residence permit for a non-EU citizen, the crime of aiding and abetting illegal immigration may be constituted. Furthermore, a residence permit obtained fraudulently can be revoked by the competent authorities, leading to the expulsion of the foreign citizen.

How can it be proven that the marriage was fake?

Proof of simulation is complex and requires precise and consistent indications. Among the most relevant elements are the absence of cohabitation, the lack of consummation of the marriage, the total economic independence maintained by the spouses, or statements made to third parties before the wedding that reveal the real intent. Avv. Marco Bianucci analyzes every detail, from written communications to testimonies, to build a solid evidentiary framework.

If the marriage is annulled, do I have to pay alimony?

If the marriage is declared null and void due to simulation, it is considered as if it had never produced any effects. Consequently, marital duties, including the obligation of moral and material support, cease to exist. Therefore, as a rule, no alimony is due to the ex-spouse, as the bond has been recognized as substantively non-existent from the outset.

Request a Legal Consultation in Milan

If you suspect that your marriage was contracted for reasons other than affection and family solidarity, or if you find yourself involved in a complex situation related to immigration and family law, it is essential to act quickly and competently. Avv. Marco Bianucci receives at his office in Milan at Via Alberto da Giussano, 26, to examine your case with the utmost confidentiality and professionalism. During the preliminary consultation, the existence of the prerequisites for an action for nullity will be assessed, and all legal aspects and possible defense strategies will be clarified.