The deletion of ecclesiastical sentences
There are various cases in which marriages are declared invalid by the Courts of the Church, according to the norms of canon law. Not everyone knows that the judgments of nullity pronounced by the ecclesiastical tribunals or by the diocesan Bishops, provided with the decree of enforceability, can be declared effective in the Italian Republic at the request of the parties or one of them, by means of the procedure of approval, before the Court of Territorially competent appellant, that is the one in whose district the municipality where the marriage was celebrated is included.
Avv. Filomena Mazza, as a lawyer also sponsoring the Roman Rota, can you explain in which cases the canonical sentence can be approved?
The application for a resolution, signed by a legal representative, requires that the canonical ruling is not contrary to the Italian public order, that in the canonical process the right to act and resist the parties has been respected and that there is no past divorce sentence judged.
What are the effects of the delibation?
With the deletion of the canonical sentence, marriage ceases to exist also for the civil order. The deliberation of the ecclesiastical sentence removes retroactively (ex tunc) the civil effects of marriage from the day of its celebration; obviously the rights of the children and all the legal obligations connected to them remain firm.
For more info: avvocatorotalemazza.it
