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.
