Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
FOREIGN MARRIAGES.--In order that marriage may be valid in Italy an
Italian citizen entering into a marriage in a foreign country must be free
to marry under the Italian law and must make publication in the commune in
Italy of which he is a resident, or if he is no longer a resident of
Italy, in the one in which he last resided. The marriage is valid if
celebrated according to the form prescribed by the laws of the country in
which it takes place. Within three months after his return to Italy he
must have the marriage recorded in the civil register of the commune where
he permanently resides.
ANNULMENT.--Marriage may be annulled if contracted in contravention of the
impediments as to age, existing previous marriage, relationship or
homicide. It may also be declared null if it was celebrated before an
incompetent official or without the necessary witnesses; in the former
case, however, the action cannot be instituted more than a year after the
date of celebration. Actions on the foregoing grounds may be brought by
the parties themselves, by the nearest ascendants, by the public
prosecutor or by any one who has a legitimate or actual interest in the
marriage.
The validity of a marriage may also be attacked by the party whose consent
thereto was not free or who was under error as to the person married; but
actions on these grounds are no longer admissible when cohabitation has
lasted for a month after the removal of the constraint or the discovery of
the error. Impotence, when anterior to marriage, may be put forward as a
ground for annulment by either party. Marriage performed without the
required legal consent may be attacked by the person whose consent was
necessary or by the party to whom it was necessary; but in the former case
it cannot be attacked later than six months after marriage, and in the
latter, six months after the party in question has attained his majority.
Moreover, in cases where only one of the parties has attained the required
age it cannot be attacked when the wife, although not yet of age, has
become pregnant. The marriage of one who has been legally adjudged of
unsound mind can be attacked either by the party himself, his guardian,
the family council, or the public prosecutor, if the judgment had already
been passed when the marriage was celebrated, or if the infirmity for
which the judgment was pronounced was existent at the time of marriage.
Marriage cannot, however, be attacked on this ground if cohabitation has
endured for three months after the party has been legally adjudged to be
once more of sound mind.
The public prosecutor is obliged to intervene in all matrimonial causes,
even if they were not instituted by him.
SEPARATION.--There is no divorce in Italy, and marriage is only dissolved
by the death of one of the parties. Personal separation is, however,
permitted on the following grounds:
Public-domain text, read in full here on John Shaqi.
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