Saturday, December 26, 2009

Rash That Looks Like Scratches

La Trascizione Judgments of Nullity of

1) General

An alternative to the civil divorce is now the canonical transcription of the sentence of nullity of marriage. Theoretically, the couple could also avoid the phase separation of church and go directly to the judge asking for a declaration of nullity of marriage. The court ruling canon, like a sentence of a foreign state, provided with all the requirements of Italian law, it is likely to be transcribed and produce the effects an Italian ruling of invalidity. In practice, however, it is customary to first adjust property relationships (marital home, movable and immovable) and family (children may be born during the marriage, custody and visits to the non-custodial parent) by separating civil, and only then refer it to the ecclesiastical court. This opportunity

transcription Canon, began with the agreement of February 18, 1984 took place between the Holy See and the Italian state, then consecrated in the Law 121, 1985 and supplemented by legislation relating to private international law about ten years later. In fact, the relationship between the Italian and the Holy See is neither more or less as it pertains two foreign countries.

E 'to be specified, however, that the relationship between the Italian State and the Church, unlike that between the Italian and other foreign countries, reciprocity is unique. Indeed, the State recognizes the ecclesiastical sentences of nullity of marriage transcript, but the Church does not recognize the judgments of invalidity of the store that were ordered by the judge of the state.

In this respect, in the canonical force a principle dating back to the Council of Trent in the sixteenth century. According to which, given the sacramental nature of marriage between the baptized, the invalidity of such lien is pronounceable only by the ecclesiastical judge.



the Lateran Treaty of 1929 had accepted the principle, recognized as "the sole jurisdiction of the courts and departments of the church" cases concerning the nullity of the marriage canon. With

agreements Villa Madama in 1984 takes place definitively overcome the principle of exclusive jurisdiction over ecclesiastical canonical marriages transcribed in the records of the Office of the State civil. However in the seventies had already been a revolution in divorce law (known as "termination of the civil effects of marriage") and the reform of family law and therefore, in light of these new laws, were reviewed relations between the state and Church in matrimonial matters now regulated by rules dating back more than half a century earlier.



2) The proceedings by the enforcement

Following these agreements, the procedure was therefore agreed that the ruling recognized ecclesiastical nullity of marriage in the Italian state that was called "by the enforcement proceedings." This procedure takes place (today) before the appeals court of jurisdiction. (The territory is one of the town from which it was transcribed marriage canon. The appeals court is competent to head the district that includes the above policy).

the proceedings by the enforcement viene dato impulso dalle parti private, tant’è che senza la volontà di queste è impossibile che il procedimento abbia inizio.

Presupposto della domanda di delibazione è l’esecutività della sentenza ecclesiastica. Nel caso che ci interessa, l’esecutività di una sentenza di nullità è data dalla conferma in appello di altra sentenza canonica (c.d. doppia sentenza conforme). Il decreto di esecutività è emanato dal Supremo Tribunale della segnatura Apostolica.

Secondo la legge del 121/1985, che richiamava poi degli articoli (oggi abrogati) del codice di procedura civile, nel procedimento di delibazione, la Corte d’Appello doveva:



- To assess both the existence and authenticity of ecclesiastical measures about the nullity of marriage and the decree of the Apostolic Signatura;



- ensuring that the marriage was annulled a marriage that is, a concordat canonical marriage registers transcribed in marital status.

. The ecclesiastical courts had jurisdiction to be the cause.



- In the court also was afforded the parties the right to appear and to be defended, in terms guaranteed by the Constitution of the Italian Republic. This rule was introduced by the Constitutional Court No 18/1982 and confirmed by the Agreement. The right of defense was met when the defendant was duly summoned to appear and had a reasonable time to defend himself, so that its possible absence was the result of free choice and not derived from procedural obstacles interposed by the Ecclesiastical Court .



3) New rules on recognition of foreign judgments

Following the enactment of Law No. 218/1995, the object of the ratio of private international law, were repealed Articles. from 796 to 805 of the Code of Civil Procedure, relating to, inter alia, the recognition of foreign judgments, with effect from 31 December 1996. It 'should therefore be incorporated the regulations of Law 121/1985, as we have seen that gave effect to the agreements of the Villa Madama, with regard to enforcement of foreign judgments with the L. 218/1995.

a rule to the law 218/1995, the foreign decision is recognized in Italy without having to resort to special procedures, but it can happen that the possession by the Canon, the requirements set out in Article analytically. 64 of the Act is challenged, or that in any event, the sentence is not observed, resulting in the need to carry out enforcement. In both cases, you can ask the Court of Appeals with territorial jurisdiction to establish the conditions for approval (c.d. procedimento di delibazione)

Affinché la sentenza straniera possa essere direttamente riconosciuta in Italia e produrre i suoi effetti di cosa giudicata sono necessarie una serie di condizioni indicate nell’art. 64 della legge.



La sentenza straniera è riconosciuta in Italia senza che sia necessario il ricorso ad alcun procedimento quando:

a) il giudice che l’ha pronunciata poteva conoscere della causa secondo i principi sulla competenza giurisdizionale propri dell’ordinamento italiano;



b) l’atto introduttivo del giudizio è stato portato a conoscenza del convenuto in conformità a quanto previsto dalla legge del luogo dove was held on trial and not infringed basic rights of defense, the contradictory must therefore be intact;



c) the parties must have lodged in court under the law of the



d) the place where conduct of the trial or the default has been declared in compliance with this law;



e) the award shall be res judicata in accordance with the law of the place which has been delivered;



f) the sentence should not be contrary to any other sentence uttered by an Italian court of res judicata;



g) is not pending trial before a judge Italian for the same object and between the same parties, which had begun before the foreign process;



h) the provisions of the Judgement does not produce effects contrary to public policy.

In conclusion, the new system introduced by Law 218/1995 does not change almost at all the conditions laid down under the former Article. 797 cpc for exequatur elle foreign judgments. However, the "automatic recognition" does not include the indiscriminate acceptance of any foreign order, including the canonical judgments of invalidity, but that the control requirements occurs at a later time and in any case where, if conditions warrant.

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the canonical process of nullity of marriage

1) A regular process

The canonical process for verifying the invalidity of a canonical marriage is very similar to a process of cognition which is celebrated in the Italian civil courts.

may give impetus to this type of proceedings only "spouses" or the so-called "promoter of justice" (the public part of the institutional process), in the latter case only when the nullity of marriage has already been disclosed (cf. 1674 Code of Canon Law - CIC).

Unlike ordinary processes on the civil and criminal courts, the code of canon law leaves the possibility of being the spouse in court without the establishment of its own defense attorney. All this in theory. In practice it is very difficult to find the case of those who, without the help of a technician of the law, not having the necessary skills, you want to delve into a similar procedure before the ecclesiastical tribunal.

A spouse who wishes to challenge his marriage ("actor" of the case), will address, therefore, a canon law expert who will advise on whether to take up the cause and possibly forward to the bench will be represented by a so-called Rota lawyer. "

The other spouse, once sued, will establish itself as a "defendant" opposed to the assumptions of the plaintiff, alleging that in connection with his claim, or be idle in front of the citation received. In the latter case, assume the status of the case of the "absent" and the process will continue without him anyway. Finally, the defendant can make an informal statement with which you will submit to the justice of the court, without affirming or denying the claim of the plaintiff.



2) In the beginning was the "libel".

The application of a canonical process is called libel, and consists of a few pages. This act is summarized briefly the reason or reasons in fact and law, for which the plaintiff intends to annul their marriage.

Once drafted, the petition is filed with the court and the case was entrusted by the "judicial vicar" to a judge, who will examine the jurisdiction of the court to judge on that particular case, and the ability of legitimate sue and be sued actor. It will also examine the existence of a legal basis on which the case is set (so-called prima facie case). The term "prima" is only a perception of probability about the merits of the application based on matters of law and fact, not the fact that it is already evident, nor that it has already demonstrated or proven.

Once the court's finding of all the elements described above, admits the petition submitted by decree and shall, by the same court, to notify the decree of citation to the defendant.



3) Dear spouses disagree ... doubts.

"The hearing of the correlation of the doubt" is required before the examining magistrate in the presence of the parties and their attorneys, which sets and bounded (= arrangement) the head, or head, nothing for which you want to appeal marriage. (It is technically called instead "hearing the joinder of the issue, "if the court that audience, not the presence of the parties, issue the decree which the court sets the terms of the dispute ). The practice is almost always held a hearing for the correlation of the doubt.

How can you tell this audience is critical because at this stage of the application process is crystallized (petitum) of the actor throughout the rest of the trial. The final sentence in fact should take into account only and exclusively that of head of invalidity in relation to the request for annulment of marriage contested, by virtue of the principle of coincidence between the "required" (by hand) and "pronounced" (The judge).

To better understand the concept, is made an example of a marriage that is challenged on the basis of a so-called "simulation" of consent to the exclusion of the "bonum sacraments," where the plaintiff asserts that he, in the period prior to marriage, it was in favor of divorce. At the preparatory stage is not proved that fact, but at the same time, the evidence gathered, it appears that the plaintiff was rather favorable to the 'exclusion of the child "(another possible leader for the annulment of the marriage). The formation of the Court, in ruling that the issue will go to completion, will have to declare that the evidence raggiunte, non consta la nullità relativamente al dubbio contestato (esclusione del sacramento), ma allo stesso tempo non potrà neanche dichiarare il matrimonio nullo per “esclusione della prole” (paradossalmente, invece provato dalle testimonianze processuali), perché il dubbio non era stato concordato inizialmente in tal senso.

E’ tuttavia contemplata la (remota) possibilità per il giudice, in corso di giudizio, ma solo per gravi motivi, e dopo avere ascoltato le parti, di mutare i termini della controversia ed istruire la causa per un capitolo non incluso nella formula del dubbio. Presupposti i fini soprattutto pastorali dei procedimenti di nullità matrimoniale, questa normativa viene applicata also not to imprison the ecclesiastical administration of justice in the nets of a useless formality, and especially to match as closely as possible the reality of the case with the substantial reality.



4) The evidence shows

Through the tests show the judge the facts or controversial questions that are relevant in the process. The ultimate test is to be able to ascertain such facts to form in the court the necessary conviction and certainty before pronouncing the sentence. This certainty generated by the physical evidence is not certainty, that rules out the possibility of error, but rather is a "moral certainty", which excludes the possibility error about the truth of the facts alleged in court.

The first evidence that the Code of Canon Law establishes, consists of:

a) pleadings of the parties.

are to be understood that all statements made in the course of denials that are issued by private parties in the petition that the hearing is the correlation of the doubt. Not all statements assume strictly evidential value, even though some of them, should be compared with the other results of the investigation, will be a valuable element in helping to form the conviction of the judge on the merits of the dispute.



b) Questioning the parties.

The parties' statements used as evidence, the answers are all issued by the spouses during their interrogation. This well-defined phase of the procedure tends to clarify the facts doubts emerged in the dispute.



c) Confession of the parties.

is defined as any confession statement of the spouse tends to admit a fact if unfavorable and favorable to the party. The code of canon law considers as valid only the judicial confession, that is what happens in the courts.



d) The oath.

E 'a statement made by the party and made only before the judge, to strengthen and guarantee the truth di altre proprie dichiarazioni. Il giuramento nella pratica processuale può rivestire diverse forme a seconda del suo contenuto o scopo.



e) La prova documentale

E’ quella prova che viene raggiunta tramite la produzione in giudizio di documenti scritti cartacei. Per l’efficacia della prova il tribunale predilige sempre l’originale o copia autentica del documento.



f) La prova testimoniale.

Questo tipo di prova è indubbiamente quello maggiormente utilizzato nei processi di nullità matrimoniale, e consiste in una dichiarazione di conoscenza su di un fatto passato anteriore alla causa, esposto al giudice da persona estranea alla causa detta testimone. In most cases, the evidence of witnesses is one of the special means to clarify doubts or disputed the facts and provide the court with certainty as to the nullity of marriage or not. Witnesses are usually cited, ranging from the closest relatives of the spouses (parents, brothers and sisters) to their friends or colleagues. They are particularly taken into account the testimonies from priests or religious.



g) The expert evidence.

The report is an evaluation of a fact, made with scientific support from people professionally competent. In proceedings for nullity of marriage, inability to "causes of a psychic nature" or "lack of discretion review" the skill is essential. Very applicants are made by psychiatric specialists on one or both spouses, which are designed to establish the existence of psychopathology that may be due to defects of consent and therefore crucial to establish its invalidity. For the subject we will return to its depth in this section.



5) The conclusion of the case

After the preparatory stage, when the parties declare that they have nothing to report or showing, or has passed the deadline set by the court for the production of further evidence, the judge or has collected all the evidence and believes that the case be ripe for decision, the Court will hear the "decree of the conclusion of the case." From this point on is not permitted the production of further evidence, unless there are "serious reasons to avoid a fraud for sure."



At this point the advocates of the parties may lodge at the Registry of the Court their written submissions containing a summary of the proceedings, together with all the reasons in fact and law that support what they contend in court. These final written defense is called "restrictus iuris et facto.

The "defender of the bond (the public part and institutional figure of the court tends to show that, contrary to their spouses, all items that shed light on the validity of marriage), subsequent to the filing of the defenses of the parties, will process the memories, or observations (called "animadversiones") to favor of the marriage.



The code also provides for the further replication of the defenders of the parties subsequent to the filing of observations of the defender of the bond. In practice, however, it is rare to find replicas of the place that is "restrictus" that "animadversiones" are usually very structured and contain all that was possible to exhibit by a lawyer in favore del proprio assistito, ovvero dal difensore del vincolo in favore del matrimonio.

Sulla base pertanto di tutti gli atti processuali, delle difese delle parti e delle osservazioni del difensore del vincolo, il collegio, formato di solito da tre giudici, procederà ad emettere la sentenza dopo una discussione a porte chiuse. Il dispositivo circa la risposta affermativa o negativa al dubbio concordato (e cioè se consti o meno la nullità del matrimonio per un determinato capo previsto dal codice) viene votato dai giudici a maggioranza assoluta.

Mentre il dispositivo verrà comunicato alle parti subito dopo la decisione, le motivazioni della sentenza, scritte da uno dei tre giudici chiamato “ponente”, are published in a period following the notification of the device. The time taken to write the whole sentence is related to the workload of the court west

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Basics

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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increase the need for nullity of marriage

Ecclesiastical Court in the last ten years, the cases treated in the Abruzzo region have almost tripled
parallel to requests for divorce, also discussed the causes of nullity of marriage before the Regional Ecclesiastical Court, which has jurisdiction over eight dioceses of Abruzzo and Molise Trivento dioceses (the territory of which half is made up of communities of our region) will increase steadily: this is the most important fact which emerged yesterday afternoon from the inauguration of the judicial year 2009 Church of the court, based in the regional seminar in Piazza Trento e Trieste. The data, presented by the judicial vicar, Mgr. Angelo Vizzarri in the presence of neo-prefect of the Supreme Tribunal of the Apostolic, Mgr. Raymond Leo Burke, and the moderator of the court Abruzzese, Mgr. Bruno Forte, photograph a reality where the exponential increase in requests for nullity of marriage in the last ten years, have almost tripled the cases treated, increased from 49 in 1998 to 127 last year. Of these, 116 have come to the decision: 101 positive, which have thus declared the marriage canon, and 15 negative. It is the diocese of Pescara-Penne, with 39 cases, to have the record for the number, followed by Chieti-Vasto with 32 and 25 with Teramo-Atri, all the other dioceses do not reach the 10 cases each (Trivento even just one). The reasons most appropriate in cases heard by the cancellation request is the so-called 'exclusion of indissolubility, "that is the belief, espresso chiaramente, che il matrimonio canonico non sia unico ed indissolubile (60 casi), mentre per 45 volte si è invocata l'«esclusione della prole», 36 il «grave difetto di giudizio», 21 la «incapacità di assumere gli oneri coniugali». Dati che fanno riflettere i responsabili della pastorale matrimoniale, tanto che «la Chiesa – ha concluso mons. Vizzarri – pur non rimanendo passivamente a guardare quanto accade nel suo interno ed esternamente, deve fare un esame di coscienza per rinnovarsi e potersi riproporre e confrontare con il mondo di oggi».

Friday, December 25, 2009

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MARRIAGE UNDER ITALIAN LAW

La Costituzione italiana afferma:



"Il matrimonio è fondato sull'uguaglianza morale and legal equality of spouses and rejects the idea of \u200b\u200bthe subordinate position of wife than the husband "



The marriage produces effects and general.





Law Articles



Art 143:

1 - With the marriage, the husband and wife acquire the same rights and assume the same obligations.

2 - The marriage comes the duty of mutual loyalty, moral and material assistance, cooperation in the interest of the family and cohabitation.

3 - Both spouses are required, each in relation to their substance and their ability to professional work or home, to contribute to the needs of the family.



Article 143 bis cc: add your name and saves her husband during widowhood, until a second marriage.



Article 143 ter cc: The wife keeps the Italian citizenship, except by express renunciation, even if the effect of marriage or change of nationality by the husband takes another citizenship.





Art 144:

1 - The spouses agree among them the address of family life and secure the residence of the family according to the needs of both prominent and those of the family.

2 - At each spouse has the power to implement the agreed address





Article 147: The marriage imposes on both spouses, the obligation to maintain and educate their offspring, taking into account the capacity, the natural inclination and aspirations of children.

Upon receipt by each of the spouses, personally, and one after the other, the declaration of wanting to take a wife and husband respectively, the official declares them married.





Art 148 cc: The spouses must fulfill the obligation laid down in the previous article in proportion to the respective substances and according to their ability to work









community of property between spouses is established by the mere fact of marriage, since the celebration;

therefore not be explicitly stated, but may also arise later if the spouses have opted for separation decide, by special agreement (instrument), to go to communion. It is not universal, because it excludes various categories of property, is bound in the sense that each spouse loses respect to assets subject to its autonomy and communion, so can not buy property solely for himself (with some exceptions provided by law), alone can not provide public goods, can not buy property in unequal shares with the other spouse, is not limited to co-ownership of securities of enjoyment, but extends to the purchase of new assets or the assumption of debt, and may include the ownership rights of credit.

The benefits are especially for women because the community provides some financial protection, especially in the case of marriage breakdown; simplifies the administration of estates, helping to cement the family unit: the community makes it more difficult, however, the availability and the movement of goods, makes the situation more complicated in the case of marriage breakdown.



separation of property

Each spouse retains exclusive ownership of property acquired during marriage, and has the enjoyment and the administration (property acquired before marriage are always excluded). The property referred

no spouse can prove, by any means, it is assumed sole ownership of common property in equal share for both.

Each of the spouses may have the power of attorney (also writing under) to administer the assets of the other spouse, but has no obligation to realize the fruits of his work and make everything that you have.

It is the occasion of the marriage, by means of an explicit statement which is noted in the margin at the time of marriage.

makes it easier availability and movement of goods, the situation simplifies in the case of twin crises, leaving less protected the most "weak" (usually the woman).



for communion or separation of property is applied to the law of the state where the marriage will take place predominantly. The couple, in all cases, we can agree on which of the two laws apply to the property relations.

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COST OF A MARRIAGE VOID WHERE

The entire process provides yet plain of the costs involved for both parties: the plaintiff

applicant will pay a small contribution towards the cost, both at the forum of first instance that the ecclesiastical court of the area that the High Court of Appeal (there are about 450 including requests, reports evenutali, etc.)

the other party does not have to pay anything unless I want to appoint a lawyer to oppose the cause. In this case the contribution to the court is about 200 €.

Where the plaintiff, falling into serious financial difficulties (which shall be tested) can use the stable patron to assist it for free. For those who wish to use a private attorney costs vary by the chosen person (the average price is € 3000). These are however indications maximum. It 'should contact your lawyer or the ecclesiastical tribunal of double zone

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E' we can take if you request a cause of nullity of marriage when it is finished despair legal (divorce) in the civil court because they have more evidence that a serious marital status. However it should be noted that the two types (due to the court proceedings in civil and the ecclesiastical court) are independent

It 'still to take into account some important factors. The cause of nullity of marriage at the ecclesiastical court can be carried out

1) even after many years separation

2) even after the divorce

3) even if there is cohabitation between two persons

4) even if one or both are remarried civilly

5), even in the presence of children

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LENGTH REFER to the ecclesiastical tribunal of the grounds' DOUBLE CANON

The length of the case depends, as in the civil court, the court and the place where it is located. (For better understanding on the number of practices that the court must attend to. It 'time to prepare to be at least 6-9 months if you live in a big city).

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ITER

one who made the request for a declaration of nullity of his marriage (plaintiff) must show by a lawyer, a exposed (called libel) to the competent court, which sets out the facts and evidence which show, in its view of the part, the fulfillment of the requirements for revocation.

The counterparty (the other spouse for instance) may choose to be assisted by a lawyer, the important thing is that those authorized to practice cases at the ecclesiastical court. The requirement of legal advice for the other party is not essential in opening the proceedings, because the defendant may decide to appoint your solicitor at any time during the proceedings. If the defendant chooses to rely on a lawyer will undertake to pay the same and contribute dellla,

the costs of the process unless he proves it lacks sufficient economic opportunities and then decide to use a defense motion.

Each canonical process of nullity of marriage must take place on Defender of the Bond, the one who is responsible for putting all the objections and prevent, if possible, the invalidity.

Typically the two sides in court never meet.



So here is how the process:

Once approved the petition, the President of the Court (the court is presided over by three judges) quotes the lawyer for the plaintiffs, that defendant and the defender of the bond for that is called the Correlation of the doubt, what actually takes place is a brief meeting convened to identify, if any, the real reasons for the revocation is sought. During the session (or even by a writing), the court will declare the defendant, intentions, and possibly the lyrics (if it is present) or documents relevant to the trial in question and ask the president any further information.

After this stage we proceed to the interrogation strict separation of the two parties even through the assigned readings from both sides and therefore the collection of material relevant to the cause, and if necessary or required, there will be a possible expertise.

On completion of the instructor, the presiding judge ordina la pubblicazione degli atti: da questo momento la parte convenuta (se non ha richiesto l'assistenza del proprio legale - altrimenti questo compito spetterà all'avvocato) potrà prendere visione di quanto è emerso nell'interrogatorio d di fare nuove istanze e richieste se comprovate da motivazioni reali e opportune. Da tener presente che questa facoltà spetta alla parte convenuta solo se questa ha deposto durante la causa.

Finita ogni nuova indagine eventualmente richiesta dalla parte convenuta, si procede alla CONCLUSIONE IN CAUSA; con questa atto termina la fase istruttoria.

Gli avvocati delle parti e il Difensore del vincolo studieranno gli atti e metteranno per iscritto tutte le motivazione utile alla vittoria del trial (for or against depending on their role).

the end, the President shall set the date and time at which the court (consisting of three judges) will meet for the final decision. Verdict, one of three judges who will then write the sentence served on the parties.

Against affirmative sentence the defendant or defender of the bond may appeal if, within 15 days following notification to the Superior Court of Appeal.







Conclusions:



The ecclesiastical court, if satisfied that the grounds for revocation exist, making the declaration of invalidity (making sure that the marriage has never been put in place) and provides that the consent provided before the wedding priest was an invalid consent.

NOTE 1: nullity of marriage is not to be confused with the annulment of a marriage. In the latter case, it now covers a declaration of non-existence of a marriage (divorce) which is validly created.

NOTE 2: The declaration of invalidity due to end only in the presence of two judgments to confirm the declaration: therefore every reason for cancellation must take place in two stages: in the first instance (the court nearest church) and secondly, or on appeal, the Superior Court of Appeal area.