The nullity effects

The declaration of nullity made by the ecclesiastical court has effect in the canonical sphere but, under certain conditions, it can also be recognized by the civil courts through the procedure of recognition.

Recognition of the declaration of nullity

The declaration of nullity of a canonical marriage has, in itself, exclusively religious effects, that is to say, it allows one to recover his freedom of status within the Church. As far as the Italian state is concerned, however, it is possible to request that the declaration of matrimonial nullity also obtain civil effects and therefore all the effects of the marriage itself are cancelled. This is possible through the procedure of recognition of efficacy or proceedings for recognition of the judgment’s civil effects, to be proposed before the Court of Appeal competent for the place. Unlike foreign judgments, for instance, the recognition of their legal effect is not automatic. It is subject to review by the Judicial Authority, which follows not only statutory provisions but also case law trends that are, by their very nature, subject to change over time. This is precisely why, in such specialized fields, it is essential to consult a professional who has acquired proper expertise in both civil and canonical law.