Understanding Marriage Nullity

Facing the end of a marriage is a complex and often confusing journey. Many people use the terms separation, divorce, and nullity interchangeably, but from a legal standpoint, they represent profoundly different realities with radically different consequences. While separation and divorce end a valid marital bond, a declaration of nullity acts retroactively: it establishes that the marriage, due to original defects, never legally existed. Understanding this distinction is the first step in evaluating the most appropriate legal strategy for your situation. As a family lawyer in Milan, lawyer Marco Bianucci offers targeted advice to clarify every aspect of these proceedings, guiding individuals in choosing the most correct path.

Difference Between Annulment and Dissolution of Marriage

The conceptual difference between nullity and divorce is fundamental. Divorce, or 'dissolution of civil marriage,' intervenes on a marriage that arose and produced its effects in a fully valid manner. It decrees its end from the moment of the judgment onwards. A declaration of nullity, on the other hand, is a judicial ascertainment that the marital bond was flawed from the very beginning. The judgment declares the marriage invalid 'ex tunc,' meaning with retroactive effect, as if it had never been celebrated. This distinction has significant financial and personal implications, for example, regarding inheritance rights or potential spousal support.

Grounds for Nullity of Civil Marriage

The Italian Civil Code provides exhaustive grounds for which a marriage can be declared null. This is not an assessment of the success of the union, but the presence of specific defects at the time of celebration. These defects can be grouped into main categories.

Defects of Consent

The consent of the spouses must be free and informed. Nullity can be sought when consent was extorted by physical or moral violence, or due to a fear of exceptional gravity arising from causes external to the spouse. This category also includes error regarding the identity of the person or personal qualities of the other spouse, provided these were decisive for consent and, if known, would have prevented the celebration.

Impediments and Incapacity

There are objective conditions that render a marriage null. These include the pre-existence of another valid marital bond (bigamy), the presence of kinship, affinity, or adoption ties between the spouses that are not dispensable, or the natural incapacity of one of the spouses at the time of celebration, meaning the incapacity to understand and will, even for a temporary cause.

Simulation

Simulation occurs when the spouses, at the time of celebration, agree not to fulfill the obligations and not to exercise the rights arising from the marriage. The classic example is a marriage contracted solely to obtain citizenship for one of the spouses, excluding a priori the intention to establish a true communion of material and spiritual life.

Nullity of Concordatary (Canonical) Marriage

For marriages celebrated according to religious rites and transcribed in civil registries, nullity can also be declared by the Ecclesiastical Tribunal. The grounds for canonical nullity are broader and include, for example, the exclusion by one of the spouses of one of the essential purposes of marriage, such as offspring, fidelity, or the indissolubility of the bond. Once a nullity judgment is obtained from the ecclesiastical tribunal, it must be made effective in Italy through a procedure called 'delibation' before the competent Court of Appeal. Only at the end of this process will the canonical judgment also produce effects for the Italian State.

The Approach of the Bianucci Law Firm

Facing a marriage nullity case requires precise legal analysis and a deep understanding of the personal dynamics involved. The approach of lawyer Marco Bianucci, a family lawyer with extensive experience in Milan, focuses on a detailed preliminary assessment. The goal is to determine if concrete grounds for an action of nullity exist and if this represents the most strategically advantageous solution for the client compared to separation or divorce. Each case is analyzed to define a personalized legal path, taking into account emotional and financial implications, and above all, the protection of any children.

Frequently Asked Questions

How long does it take to obtain marriage nullity?

The duration of a nullity proceeding varies considerably depending on the complexity of the case and the type of procedure (civil or canonical). A civil process can take from one to three years, depending on the level of conflict. The canonical process has its own timelines, to which the subsequent delibation procedure in Italy is added.

Does marriage nullity cancel obligations towards children?

Absolutely not. The effects of nullity do not concern children. The law fully protects children born or conceived during a marriage declared null. The duties of maintenance, education, upbringing, and moral assistance by both parents remain unchanged, exactly as in the case of separation or divorce.

What happens to jointly owned assets if the marriage is declared null?

The declaration of nullity dissolves the legal community of property. However, its retroactive effect can complicate the division of assets. The law provides protections for the spouse acting in good faith (one who was unaware of the cause of nullity), in some cases applying the rules of legal community until the judgment to protect them from unfair consequences.

Is it possible to request spousal support after nullity?

In principle, nullity excludes the right to spousal support, as the marriage is considered as never having existed. However, the law provides an exception to protect the spouse acting in good faith who does not have adequate income: the judge may order the other spouse to pay a periodic allowance, for a maximum of three years, to provide temporary support.

Contact an Expert Lawyer for an Assessment of Your Case

If you believe your marriage may have grounds for a declaration of nullity, it is essential to receive clear and strategic advice. An incorrect assessment could lead to a long and fruitless legal path. Lawyer Marco Bianucci, with offices in Milan at Via Alberto da Giussano 26, is available to analyze your specific situation, explain the concrete differences between nullity and divorce, and advise you on the most effective course of action. Contacting the firm is the first step to gaining clarity and making informed decisions for your future.