A recent case in Italy saw heated debate over the complexities that can be involved in seeking the annulment of a marriage. In this article, we will explore not only the details of this unusual case, but also the definition of an annulment and what circumstances qualify as a legal basis for obtaining one.
A Brief Case Study
A man, whose identity remains undisclosed, recently sought to annul his marriage after 18 years of partnership upon discovering that his wife was born biologically male. The case was brought before the Italian Court of Livorno in the Tuscany region, drawing widespread attention as it delved into sensitive questions about identity, consent, and the legal requirements for annulment.
The couple in question got married in Italy 2003, staying together until their separation in 2021. During their marriage, they had attempted to adopt a child as a result of the wife being unable to conceive . The husband claims that his wife attributed this to an alleged medical procedure that she had undergone to remove her uterus due to complications from a health condition when she was younger. According to him, it wasn’t until the couple began divorce proceedings in 2022 that he learned of his wife’s sex as assigned at birth and that she had undergone gender affirming surgery in 1992—a fact he claimed was never disclosed to him despite the wife maintaining that she had always been transparent about this element of her past from the start of their relationship. The husband argued that this omission would have prevented him from entering the marriage had he known these facts.
Relying on Article 122 of the Italian Civil Code, he therefore sought an annulment of the marriage on the grounds of “error,” arguing that his wife’s failure to fully disclose her past constituted a deception about her essential qualities. However, the court rejected his request, with the judge ruling that the man’s ignorance of his spouse’s sex at birth did not qualify as a mistake about the identity or personal qualities of the wife that was sufficient to invalidate the marriage. Further, the judge also noted that the husband had chosen not to investigate the reasons behind his wife’s inability to conceive, despite ample opportunities to do so. Consequently, the husband was instructed to proceed with a standard divorce as his lack of inquiry did not provide a basis for an annulment.
So What is An Annulment?
In English and Welsh family law, an annulment is a legal declaration that a marriage is null and void—rendering it if it had never existed in the first place. This means that, unlike a divorce, which ends a valid marriage, an annulment essentially erases the marriage entirely from a legal standpoint. Because of this, the implications of an annulment for a separating couple can significantly differ from those of a divorce.
What Are The Grounds for Obtaining an Annulment?
The criteria for annulments can vary depending on the jurisdiction of the country in which they take place, but in England and Wales they generally fall into one of two categories: void marriages and voidable marriages.
Void marriages are marriages that were never legally valid from the outset. Common reasons for these include:
- Bigamy: One party was already married at the time of the marriage.
- Underage Marriage: One or both parties were underage and therefore without proper consent to the marriage.
- Family: The parties are too closely related to each other (siblings, parents, children, etc.)
Voidable Marriages are marriages that are initially valid but that can be annulled under specific conditions. Typical grounds include:
- Non-consummation: The marriage was never physically consummated.
- Lack of Consent: One party was forced or coerced into the marriage.
- Fraud: One party was deceived about an essential aspect of the marriage, such as their identity.
- Incapacity: One or both parties were not of sound mind at the time of the marriage and were therefore unable to provide proper consent.
- Sexually Transmitted Diseases: One party had a sexually transmitted disease (STD) at the time of the marriage.
- Infidelity: One spouse was pregnant by someone else at the time of the marriage.
- Gender Transition: One spouse is in the process of transitioning to a gender other than that which they were assigned at birth, and has received an Interim Gender Recognition Certificate.
The Legal Process for an annulment is typically launched by one party, known as the petitioner, who files a petition with the court outlining the grounds for their requested annulment and providing relevant documentation to support this. The other spouse, known as the respondent, can then either agree to or contest the annulment. If the annulment is contested, the case will proceed to court, where both parties will have to present their evidence and arguments for their position. In the event that the court rules in favour of the petitioner, a decree of nullity is then issued, and this formalises the annulment. If the annulment is not granted, the petitioner is still able to seek a no-fault divorce in the usual way.
What Are The Effects of an Annulment?
The legal consequences of an annulment are notably different to those of a typical divorce. Key impacted areas when an annulment is granted include:
- Timing: Annulments can be granted immediately after marriage whereas a divorce cannot be granted in the first 12 months of marriage.
- Financial Arrangements: The court does, in some circumstances, still have the power to make orders for financial settlement after a decree of nullity but much will depend upon the circumstances of the annulment, whether it was a void or voidable marriage, and whether the marriage ceremony was a ‘qualifying ceremony’ or not. Conversely, financial orders are always available after a divorce.
- Legal Status: In cases involving void marriages, the parties are treated as though they were never married, which can influence financial matters, inheritance, and other legal obligations.
- Personal, Moral, and Religious differences: For many people the choice to pursue an annulment rather than a divorce is a matter of moral or religious principles and is often a very personal decision.
If you are considering an annulment or are having difficulty with another family matter, our expert family law solicitors at Grayfords can help. Our lawyers’ vast scope of experience in family law includes areas such as annulments, divorces, pre and post nuptial agreements, and child arrangements, so don’t hesitate to give us a call on 020 7100 6100 today to book your free initial consultation and find about more about how they can help.
