What is the nullity of a marriage?
R. The nullity of a marriage from the outset, primarily caused by a defect of consent, since the marriage, as well as being a sacrament, is a special contract.
What are the main defects of consent?
R. simulation, error, fraud, the exclusion of the fundamental characteristics of marriage (eg, procreation, the insolubility).
There is a difference between the nullity of marriage and annulment of marriage required by civil law?
R. The action for annulment of marriage, as provided by state law, considers the whole of married life, the nullity of marriage, expected in the canonical, it depends principally on the consent issued in the same double celebration.
About considers the possible invalidity of a marriage?
R. The existence of a cause of nullity of marriage must be subjected to the judicial authority of the Church is the ecclesiastical courts of first instance, most diocesan ecclesiastical courts of appeal and of the Apostolic Tribunal of the Roman Rota.
The ruling by the ecclesiastical court of first instance is sufficient to declare the nullity of a marriage?
R. Judgments made by courts of first instance are transmitted de jure to the ecclesiastical courts of appeal, are required in accordance with the judgments rendered on the first and second instance.
What if the appeals court does not confirm the sentence passed in the first place?
R. In this case the cause is judged tamquam in the first instant (that is, as in the first instance) from the Apostolic Tribunal of the Roman Rota - why should right from the Rota to see a lawyer authorized to practice before the Court of the Roman Rota.
A lawyer normal, ie operator in the courts of the State, may sponsor in the causes of nullity of marriage?
R. Absolutely not! There is a complete separation between the two holes, to plead in causes of nullity of marriage must be a lawyer or Rota, however, a lawyer from individual ecclesiastical courts.
What is the advantage of using a lawyer Rota?
R. It is a guarantee of professionalism and seriousness, to become a lawyer Rota need a degree in canon law, follow a challenging process at the so-called Rota Studio, a training school that is active at the Tribunal of the Roman Rota. The training course lasts three years in question, requires a thorough knowledge of Latin and the canon law of marriage, is crowned with a very difficult question. In addition, the lawyer Rota can follow the entire course of the case at all ecclesiastical courts.
The costs of a case of nullity?
The actor started the process must be approximately € 500.00 as a contribution to the trial court and the other part pay about half this amount if it wants to start up with your own lawyer.
expenses of the lawyers of trust, established by the Italian Episcopal Conference, is approximately € 3,000.00.
The above figures do not include expenses to be incurred in the case of proceedings before the Tribunal of the Roman Rota, other special charges (eg travel), or the cost of the enforcement procedure, that is the procedure recognition of ecclesiastical sentences promoted at the state appellate courts.
What produces the legal effects of resolutions, that is the recognition of a ruling ecclesiastical nullity of marriage?
R. same effect of separation and divorce, so it is cheaper to successfully promote a cause of nullity of marriage - obtaining the freedom to remarry in church - and with no particular additional costs to obtain the marital status of a free person.
assistance of a lawyer Rota is therefore necessary?
R. The complexity factor in the legal field of canon law requires the intervention a specialist, that is, in fact, a lawyer Rota, of course, the priests, under the pastoral care can advise believers also using the internal forum, namely the intimate confines of sacramental confession.
Since, however, by a factor strictly and exclusively legal, although subject to moral implications, social and everything else, you should consult a lawyer Rota. Obviously the legal sense of the term is reserved for striped Rota lawyers.
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