MARRIAGE ANNULMENT IN ITALY

What does the term marriage annulment mean in practice? Under section 117 et seq., the civil code civil defines various cases of nullity which can result in voidance or annulment of the marriage. It is preferable to use the category of invalidity and examine the specific aspects of invalidity and the law applicable. A marriage is invalid if it is flawed in one of the manners indicated by law and must be invoked in the appropriate manner. An action for annulment of a marriage is not notified to heirs unless the case is already pending. The Public Prosecutor must be involved. Source: The substantive rules are in sections 117 - 129bis of the Civil Code. What are the conditions for marriage annulment? A marriage may be invalid for any of the following reasons (section 117 et seq. of the Civil Code):
1.One of the spouses is still in a previous marriage (the person is not

single). Invalidity is absolute and indefeasible; applications may be brought by the spouses, direct ascendants, the public prosecutor or anyone with an interest; 2.Impedimentum criminis: where the marriage is entered into by two people, one of whom has been convicted of the murder or attempted murder of the other's spouse. Invalidity is absolute and irremediable and may be invoked by spouses, the public prosecutor or anyone with an interest; 3.Where the marriage cannot be entered into owing to the mental ill-health of one of the spouses. The marriage may be prohibited after the event, where the incapacity obtained at the time of the marriage; the marriage may be contested by the guardian, the public prosecutor or anyone with an interest; 4.Mental incapacity of one of the spouses (natural disability). The marriage may be challenged by the spouse who, while not prohibited from entering into marriage, finds that he/she married while mentally incapable. The application may not be lodged if the couple have lived together for over a year after the spouse in question has regained his/her mental faculties; 5.Age. Applications may be brought by the spouses, the public prosecutor or the parents; the minor may not act until one year after coming of age; 6.Ties of kinship, affinity, adoption and affiliation. Invalidity may be invoked by the spouses, the public prosecutor or anyone with an interest, unless a year has elapsed since the wedding or it would have been possible to obtain authorisation; 7.Violence, fear and error (consent obtained by use of violence or as a result of serious fears deriving from factors outside the spouse's control; mistaken identity or an error regarding the personality of the other spouse, as set out in section 122 of the Civil Code). Applications may be brought by the spouse whose consent was obtained in one of the manners indicated above, unless the couple have lived together for one

year following the cessation of the cause of the violence or fear or from the date the error was discovered; 8.Simulation. The marriage may be contested by either of the spouses who entered into marriage having agreed not to meet the obligations or exercise the rights deriving from it. Applications must be brought within a year of the wedding or if the couple have lived together as husband and wife following the wedding, even for only a short time. What are the legal consequences of marriage annulment? If the spouses acted in good faith (i.e. they were unaware of the impediment when they got married), the marriage is deemed valid until it is pronounced void, and the annulment is effective ex nunc (putative marriage). Children born or conceived during the marriage are considered legitimate and are therefore covered by the rule governing the separation of couples with children. The court may also require one of the spouses to make periodical payments to the other spouse for no more than three years, where the other spouse does not have adequate means and has not remarried. Where only one of the spouses acted in good faith, the effects of the putative marriage apply to that spouse and any children. The spouse who acted in bad faith is required to pay fair compensation corresponding to maintenance for three years and to pay maintenance if no other persons are liable. Where both spouses acted in bad faith, the marriage has effects on children born or conceived during the marriage, unless the voiding of the marriage is on the grounds of bigamy or incest; children born within a marriage that has been annulled on the grounds of bigamy may acquire the status of natural children of established paternity. Good faith is presumed and must be present only at the moment the marriage knot is tied.
References: italian civil code, italian civil procedure code, european judicial network in civil and commercial matter, L.898/1970,L. 19/01/1975 n.151, L. 31/01/1995 n. 218. Information on this article is only intended as general summary information for readers in Italy. It is not intended to provide specific legal advice. (Information resources are designed to help users better understand the legal system.) Individuals are urged to consult with qualified legal professionals.

Studio Legale Cecatiello is in Milan Via Carducci 12. It was founded by Avv. Armando Cecatiello. The location is in Milan but the activity counts on a network of contacts and correspondents working in Italy. The firm corresponds in Italian and English. Studio Legale Cecatiello, Via Carducci 12 20123 Milano Italy. Tel. 0039.02.72022862 - fax 0039.02.89016054 www.cecatiello.it studio@cecatiello.it