Frequently Asked Questions

It is not necessary to travel to Rome. Matrimonial cases in the first instance are handled by local ecclesiastical tribunals, now present in almost every diocese. In Rome, there is the Tribunal of the Roman Rota, which ordinarily performs the functions of an appellate court, often making use, in the collection of testimony and other evidence, of local courts through rogatory letters.

There is no statute of limitations for bringing a matrimonial nullity suit. Moreover, in the canonical system, suits on the status of persons, such as matrimonial suits, never become res judicata, so there is no time limit beyond which one cannot seek a determination of the validity of one's marriage. Any judgments can also be subject to review. The only limitation may be when following a judgment of nullity one of the spouses has celebrated a new marriage.

The request for nullity can also come from only one of the spouses and even with the opposition of the other. Regardless of active participation in the case, it is important that the defendant spouse's right of defense is guaranteed and that he or she is informed of the existence and development of the case.

The duration of a case depends on many factors (complexity of the case, cooperation of the parties, ease of gathering evidence), the goal under current regulations is to conclude the case in the first instance in one year. The current average duration is about 18 months, but more details are needed for a more precise assessment.

When the judgment declaring the nullity of the marriage has become enforceable, i.e., it has not been appealed within the stipulated time, freedom of status is granted and thus the possibility of moving on to a new marriage in the church.

The duration of the marriage does not hinder the declaration of nullity, which itself is not subject to a statute of limitations. However, the long duration of the marriage may lead to difficulties in the search for evidence since it involves the establishment of facts that occurred long before.

The declaration of nullity itself has only religious effects. However, in Italy it is possible to seek recognition of the civil effect of the nullity judgment through the process of deliberation. Deliberation may result in the termination of the maintenance allowance to the former spouse, provided it has not been ordered by a final civil judgment. The declaration of nullity, whether recognized by the state or not, in no way affects the child support obligation.

It is often believed that marriages with children cannot be annulled, according to a belief that is as widespread as it is erroneous. It should be pointed out preliminarily that this is a declaration of nullity that concerns only the marital relationship, which exists between spouses, and not filiation, that is, the relationship between parents and children. The latter, in fact, does not prevent the declaration of nullity and is in no way affected by the same by any judgment of nullity.

The length of the process depends greatly on the complexity of the case and the cooperation of the parties; however, there is a shorter and, consequently, much quicker procedure. This abbreviated form must be requested by both spouses or by one of the spouses with the consent of the other, in cases where the nullity of the marriage is easily proven. By way of example only, this may be said to occur in cases of particularly short marriages or marriages performed because of an unexpected pregnancy.

In this regard, a distinction must be made between rotal attorneys, who have been licensed by the Court of the Roman Rota, and other attorneys qualified to practice before individual ecclesiastical courts. The former have completed the required course of study and can practice before all ecclesiastical courts of first and second instance as well as, of course, before the Tribunal of the Roman Rota (the so-called Sacred Rota). The latter are generally licensed with a single ecclesiastical court and can plead only before that court. They cannot, however, plead before the Tribunal of the Roman Rota.

The canonical process is characterized by confidentiality throughout, unlike in civil courts the hearings are not public. Only those persons actually involved and authorized may attend the hearing itself, namely the Judge, the notary who takes the minutes, the bond counsel and the parties' attorneys as well as the individual party or witness who is to be excised. The parties, that is, the spouses, do not meet and participate in the same hearing.

The declaration of nullity of marriage occurs following a judicial process that ascertains the invalidity, from the beginning, of the marriage under consideration. The effects of the ruling that is issued are therefore retroactive, that is, they run from the time of the celebration. Since it is a judgment, it can be appealed and the appeals provided for in the current legislation. In the case of the ruptured and unconsummated marriage, on the other hand, a dispensation is sought, which is a measure that concludes a process of an essentially administrative nature, and represents a special concession that is absolutely optional and gracious, even though the requirements are met. In the event that it is not granted, there is no form of appeal. If the application is granted, its effects, run from the date of the grant. Unlike the declaratory judgment of nullity, it cannot be recognized by civil courts and take effect even in that system.

All trials, even those for the declaration of nullity of marriage, can have a different outcome than hoped for. The reasons may be diverse and it would be almost impossible to address them here. However, it is important to point out that in the canonical system, cases on the status of persons, including matrimonial cases, never become res judicata. This means that a negative judgment can always be subject to reevaluation by the courts through the ordinary means of appeal in cases of judgments rendered in the first instance, i.e., the appeal, which is extraordinary when there are two conforming negative judgments, namely, the nullity suit against the judgment and the nova causae propositio. Since these are extraordinary remedies of appeal, their admission is subject to particular prerequisites identified by the rules and the rotary jurisprudence. In a very general way, it can be said that the most frequent cases of nullity suit concern the violation of the right of defense of one or both parties, while the nova causae propositio can be granted only in the presence of new and serious evidence. Given the peculiarity of these remedies, for an evaluation of your own case, you are advised to contact the firm.

The purpose of the canonical marriage process is to ascertain the truth about a particular marriage. Therefore, it is possible for the respondent to find the case unfounded because he or she believes the marriage to be valid, or to disagree with the grounds put forward by the plaintiff, that is, to find the marriage invalid but for different reasons. In both cases, the technical assistance of a lawyer is very useful in order to understand concretely what should be meant by the heads of invalidity invoked by the other party and what the most useful evidence may be. It often happens, for example, that the term incapacity, which in the canonical matrimonial sphere has a very precise meaning, is misunderstood and confused with the concept that the same term has in common or state legal language. If the terms of the judgment are not well understood, one may risk not participating in it effectively.