Not everything is called “divorce”: that means when you talk about separation, dissolution of marriage, annulment of marriage or termination of the civil effects of marriage. The procedure is, therefore, mandatory and not if I can regardlessThe divorce can then intervene after six months (in the case where the separation was consensual, that is, with the agreement of the spouses on all aspects of the posting), or after one year (in the case where the separation is a court, i.e. a court case) With the separation, the spouse in crisis may stop the coexistence and to suspend the conjugal duties. The suspension may be temporary, and cease (the so-called reconciliation marital) or even consolidate and lead to divorce. In the case of the death of one of the two spouses, in reality, the marriage is dissolved, but some effects still remain. In fact, the surviving spouse retains a number of rights and obligations, such as the right to become the heir, to acquire the survivor's pension, the temporary prohibition to contract a new marriage, etc, another hypothesis of the dissolution is, in the case of a declaration of presumed death is equivalent to death, but if the presumed dead returns, the marriage contract is null and void. With this term we mean the divorce cases of marriage celebrated in the church, and then regularly transcribed, according to the so-called “rite concordat” (according to which, the religious marriage has automatic effects for the Italian State, with the reading of the rules of the civil code during the function which was celebrated by the priest).
Despite the cessation of the civil effects of marriage, the religious bond continues to exist.
To be able to undo the latter also requires a judgment of the ecclesiastical court. The annulment of the marriage occurs, however, when they are found defects in the marital act, namely, when the civil marriage was celebrated in spite of the lack of conditions, or in the presence of limits to its celebration, or other vices. In this case the marriage can be contested by an application for annulment or declaration of invalidity, depending on the severity of the defect. When the marriage is declared null and void and both spouses were aware of the disability, the marriage comes less from the beginning, as if it had never been contracted. Consequently it is less the constraint of similarity, but if one of the two ex-spouses remarries applies the impediment to marriage to in-laws in a straight line. In general, the marriage is declared invalid has the effect of valid marriage than children. The court decides on the custody of minor children and their maintenance as if you were before a normal divorce or separation. - one of the spouses has been convicted by a judgment which has the force of res judicata for murder, consummated or attempted, of the spouse - an error concerning the identity of the other spouse or the personal qualities of the other spouse (because of cancellation) 'Law for All' is a newspaper founded by avv.
