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 delibation, to be proposed before the Court of Appeal competent for the place. The recognition of effectiveness, unlike that which occurs for example in foreign judgments, is not automatic but subject to the control of the Judicial Authority which follows, in addition to the provisions of law, also the jurisprudential guidelines which are, By their nature, they are time-changing. For this reason it is very important, in these specialized areas, to address who has developed appropriate skills both in civil and canonical.