When a Marriage is Invalid

Facing the possibility that your marriage is null and void from the outset is a complex and delicate experience. Unlike divorce, which ends a valid union, an annulment action aims to declare that the union, due to defects present at the time of celebration, never legally existed. This is a legal situation that requires clarity and competent legal support to be managed correctly. As a family lawyer in Milan, Avv. Marco Bianucci assists his clients in navigating this path, ensuring a thorough analysis and complete protection of their rights.

Defects of Consent: Grounds for Nullity of Civil Marriage

The Italian Civil Code, specifically Article 122, precisely defines the circumstances in which marital consent is considered flawed, making the marriage contestable. Understanding these cases is the first step in evaluating your situation. Nullity can be sought when consent was extorted by violence or caused by a fear of exceptional gravity arising from causes external to the spouse. This is not mere psychological pressure, but a threat that deprives the person of their freedom of choice.

Another ground for nullity is error concerning the identity of the person or personal qualities of the other spouse. The error must be essential, meaning it must concern aspects so decisive that, if known, they would have prevented the celebration of the marriage. The law specifically lists these cases, which include the existence of a physical or mental illness or a sexual deviation that prevents the conduct of married life, or the existence of a conviction for serious non-negligent crimes or a declaration of habitual or professional criminality.

Simulation and Incapacity to Understand and Will

A marriage is also null in cases of simulation, meaning when the spouses agree not to fulfill the obligations and not to exercise the rights arising from it. This is the classic case of a marriage celebrated solely to obtain citizenship or other advantages, without a real intention to establish a communion of material and spiritual life. Finally, a marriage can be contested by a spouse who, although not interdicted, proves to have been incapable of understanding and willing for any reason, even temporary, at the time of the celebration.

The Approach of Studio Legale Bianucci

The action for annulment of civil marriage is a complex procedure that requires a rigorous analysis of facts and evidence. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a detailed preliminary assessment to verify the existence of legal prerequisites. The strategy focuses on gathering the necessary evidence to demonstrate the defect of consent, whether through testimonies, documents, or expert reports. The goal is to provide the judge with a clear and irrefutable picture leading to a decree of annulment, retroactively canceling the marital bond and its legal consequences, always respecting the protection of any children.

Frequently Asked Questions

What is the difference between annulment and divorce?

The difference is substantial. Divorce dissolves a marriage that was validly celebrated and produced its effects. Annulment, on the other hand, causes the marriage to be considered as if it never legally existed, due to a serious original defect. The consequences, especially financial ones, are very different.

Within what timeframe can a marriage annulment be requested?

The action for annulment is subject to precise forfeiture periods. Generally, it must be filed within one year from the cessation of violence or the causes of fear, or from the discovery of the error or simulation. If the couple has cohabited as spouses for one year after these events, the action is no longer admissible.

What happens to children in case of marriage annulment?

The law fully protects children born from a marriage that is subsequently annulled. Even in cases of nullity, the marriage is considered valid with respect to the children (the so-called putative marriage), who retain the status of children born within the marriage. Issues concerning their custody and maintenance are regulated by the judge according to the same rules provided for separation and divorce.

Contact Our Milan Office

If you believe your marriage may be flawed by one of the causes provided by law, it is crucial to act promptly and with the right assistance. Avv. Marco Bianucci offers targeted consultations to analyze your specific situation and explain possible legal actions. Contact Studio Legale Bianucci, located at Via Alberto da Giussano 26 in Milan, to schedule a confidential meeting and receive professional and strategic advice.