Annulment / nullity of marriage

Following the annulment, the marriage is considered as never having existed, never celebrated, never brought into being, as it
presupposes the loss of the marital bond, therefore the relative maintenance obligations are no longer valid unlike divorce instead,
in which the marriage is existed and continues to exist, it presupposes the disappearance of the civil effects of the marriage,
therefore the relative maintenance, property and inheritance obligations remain. Cancellation of civil marriage The civil marriage is
the one celebrated at the Municipality, which produces only civil effects and its annulment can only be had:
• within one year from the day of the celebration;
• or from the discovery of the serious cause for which cancellation is requested.
Procedure
The application, or the summons, to obtain the annulment of the civil marriage is presented to the ordinary judge of the Court of
the place where the aforementioned spouse has their residence or domicile.
If the spouses agree, they can submit the application jointly, the judge verifies the existence of the causes of invalidity and ratifies
the cancellation.
Causes Civil marriage can be annulled when the causes provided for by the civil code are envisaged:
• impediment;
•violence;
• error;
•simulation.
Responsibility of the spouse in bad faith and of the third party Ex Art. 129bis of the Italian Civil Code –
The spouse to whom the nullity of the marriage is attributable is required to pay the other spouse in good faith, if the marriage is
annulled, an appropriate indemnity, even in the absence of proof of the damage suffered. However, this indemnity must include a
sum corresponding to maintenance for three years. He is also required to lend alimony to his spouse in good faith, as long as there
are no other obligations.
The third party to whom the nullity of the marriage is attributable is required to pay the spouse in good faith, if the marriage is
annulled, the indemnity provided for in the previous paragraph. In any case, the third party who has concurred with one of the
spouses in determining the nullity of the marriage is jointly and severally liable with the same for the payment of the indemnity.