{"id":480,"date":"2021-03-01T16:12:40","date_gmt":"2021-03-01T15:12:40","guid":{"rendered":"https:\/\/www.sacrarotaavvocato.it\/domande-risposte\/"},"modified":"2021-03-22T16:07:49","modified_gmt":"2021-03-22T15:07:49","slug":"questions-and-answers","status":"publish","type":"page","link":"https:\/\/www.sacrarotaavvocato.it\/en\/questions-and-answers\/","title":{"rendered":"FAQ"},"content":{"rendered":"<style>\nh2 {\n    border-top: 2px dotted #ccc;\n    padding-top: 10px;\n    display: inline-table;\n    margin-top: 20px;\n}<\/p>\n<p>p {\n    padding:10px;\n}\n<\/style>\n<h1><strong>MATRIMONY<\/strong><\/h1>\n<h2>What is &#8220;marriage annulment&#8221;?<\/h2>\n<p>Speaking of an &#8220;annulment of a religious marriage&#8221; is not entirely correct in that only what has actually come into existence can be annulled, and here the object of the canonical process is to verify that the marriage never in fact came into existence. It is therefore correct to speak of a sentence declaring the nullity of a marriage, by which an ecclesiastical court recognizes the nullity &#8211; from the beginning &#8211; of a marriage celebrated in the Church.<\/p>\n<h2>Do the children suffer consequences from the declaration of nullity of marriage?<\/h2>\n<p>Absolutely not. The children are and remain, both for the Church and for the State, legitimate, and continue to enjoy the same rights and duties in their regard in accordance with canon and civil law.<\/p>\n<h2>Is it possible to request a declaration of nullity even for marriages of many years?<\/h2>\n<p>Yes. The nullity concerns the validity or non validity of the sacrament at the moment of the celebration of the wedding. Therefore, it is of no importance that &nbsp;the marriage has continued for a long time. Brief marriages, on the other hand, could be a reason to ask for a <em>processus brevior<\/em>.<\/p>\n<h2>Is it possible to ask for nullity even when there are children?<\/h2>\n<p>Yes. The nullity concerns the validity or otherwise of the sacrament at the moment of the celebration of the wedding therefore it does not matter that &nbsp;there are children.<\/p>\n<h2>It is true that only wealthy persons can bring a case before an ecclesiastical court?<\/h2>\n<p>Absolutely not. Those who find themselves in disadvantaged &nbsp;economic conditions can apply for free legal aid by submitting appropriate documentation and will then be appointed by the court an official patron. In other cases, the party may &nbsp;request the reduction of &nbsp;expenses and \/ or their payment in installments or may ask the parish or Caritas service to contribute to the payment of the court costs and possibly the lawyer&#8217;s fee, thus being able to choose their own advocate.<\/p>\n<h2>How much are the legal costs in ecclesiastical courts?<\/h2>\n<p>Every Episcopal Conference set the costs of a judgment of matrimonial nullity.<br \/>\nIn causes of non consummation (ratified and unconsummated marriage) the costs amount to about \u20ac 800.00 in the diocesan phase and another 800.00 in the phase before the Roman Rota.<br \/>\nBefore the Rota, the court costs to be borne by the party who makes use of a patron are decided by the judge at the end of the trial and on the basis of the party&#8217;s income and the work done by the court.<br \/>\nBefore the Apostolic Signatura the legal costs relating to appeals concerning cases of &nbsp;nullity against Rotal judgments are established by the court.<\/p>\n<h2>What is the lawyer&#8217;s fee?<\/h2>\n<p>For cases of marriage nullity every Episcopal Conference sets the fee of the lawyer &nbsp;in the first instance and second instance.<br \/>\nAt the Rota, the fee for the causes of matrimonial nullity is usually between \u20ac 2,000.00 and \u20ac 5,000.00, plus legal expenses and charges.<\/p>\n<h2>Following a sentence declaring the nullity of the marriage, do I lose the right to spousal support?<\/h2>\n<p>The canonical sentence of nullity does not in itself affect the patrimonial effects established at the time of separation and \/ or divorce. In the event of a resolution of the same, there is no consequence in relation to the maintenance allowance if a divorce has already occurred with a final judgment.<\/p>\n<h2>Must a husband and wife both participate in the judgment of marriage nullity?<\/h2>\n<p>It is desirable that both parties participate, possibly also by submitting a joint application, but it is not necessary. If &nbsp;the respondent &nbsp;party does not respond &nbsp;to the convocation of &nbsp;the ecclesiastical tribunal or declares that he does not want to participate, the case proceeds even in his absence. However, the respondent has the right to appear in court through a lawyer at any time.<\/p>\n<h2>Who is the patron?<\/h2>\n<p>He or she is the lawyer appointed for technical defense. In cases concerning marriage nullity the party chooses freely from among the Rotal lawyers (who can serve in ecclesiastical courts all over the world) or among those authorized by a single court or, finally, among the permanent patrons serving before the courts in question. The party establishes a personal and fiduciary relationship with the trusted patron, confirmed by a mandate. The patron has high professional skills, being necessarily a Rotal lawyer or a true expert in canon law.<\/p>\n<h2>Who are the Rota lawyers and the lawyers of the Roman Curia and the Holy See?<\/h2>\n<p>The Rota lawyer is a professional who has completed a long course of study by obtaining a doctorate in canon law at a pontifical university and, at the Apostolic Court of the Roman Rota, a three-year diploma at the end of the <em>Studio Rotale<\/em>.<br \/>\nThe lawyer of the Holy See and of the Roman Curia is a Rotal &nbsp;lawyer, with at least 7 years of effective patronage, who, due to his high skills in canonical administrative law and his good reputation and strong honor, is appointed by the Vatican Secretariat of State.<\/p>\n<h2>Can I choose any lawyer I trust?<\/h2>\n<p>For the causes of nullity of marriage, you can choose any Rotal lawyer residing anywhere in the world or a lawyer who is not a Rotal&nbsp; lawyer but registered in the before the court you intend to bring a case. Eventually the court may also request the establishment of a local procurator. The register of Rota lawyers can be requested from the Roman Rota.<\/p>\n<h2>How do I know if &nbsp;I can file a case for the declaration of marriage nullity?<\/h2>\n<p>Only a Rota lawyer, a permanent patron of an ecclesiastical court or a qualified lawyer in an ecclesiastical court can verify the existence or otherwise of the requirements of &nbsp;law and jurisprudence to introduce a cause of nullity of marriage. Canon law, valid throughout&nbsp; the whole world, allows the party to stand trial personally. However, &nbsp;it is appropriate to appoint a lawyer to assist you, represent you and essentially accompany you with competence and &nbsp;professionalism on such a path of extreme &nbsp;legal and personal importance as the canonical nullity process, which requires a high level of technical competence. Currently in Italy only the lawyer will be able to draw up the <em>libellus<\/em> with which the declaration of nullity of marriage is required for one or more specific reasons identified by it.<\/p>\n<h2>&nbsp;<\/h2>\n<h2>What are the grounds for marriage nullity?<\/h2>\n<p>The reasons are many and &nbsp;exhaustively indicated by the Code of Canon Law. Among&nbsp; these, the most frequent are: exclusion of the indissolubility of marriage (i.e. the right to resort to divorce in the event there are problems relevant to cohabitation), exclusion of offspring, exclusion of marital fidelity, various forms of incapacity due to psycho-affective immaturity, alcoholism, drug addiction, dependent personality disorder, narcissism, lack of internal freedom &nbsp;etc., while specifying that such situations must be present at the time of the nuptial consent.<\/p>\n<h2>What documents are required for a marriage nullity case?<\/h2>\n<p>In addition to the certifications required by the individual courts, it will always be necessary to produce the following: the mandate for the lawyer, the marriage certificate in exact copy of the original, the marriage certificate requested from the municipality, copy of the divorce or separation sentence certificate of residence of &nbsp;one or both spouses, and the&nbsp; list of witnesses who can confirm what is declared and deemed useful by the lawyer. It may then be appropriate to attach further documentation suggested by the lawyer.<\/p>\n<h2>&nbsp;<\/h2>\n<h2>How do I know which court is competent for a marriage nullity case?<\/h2>\n<p>The lawyer will certainly be able to indicate the court or tribunals competent to deal with the case or possibly suggest a <em>processus brevior<\/em> before the Bishop. The tribunal of the Roman Rota is usually only an appeal tribunal.<\/p>\n<h2>What is a <em>processus brevior<\/em>?<\/h2>\n<p>As the name implies, it is a &#8220;shorter&#8221; process that takes place before the Bishop when both spouses are in agreement and the nullity of the marriage is so evident as to allow an investigation in a very short time. It is therefore not applicable to all situations and a lawyer will have to verify whether the conditions exist.<\/p>\n<h2>How long does a case of nullity of marriage last?<\/h2>\n<p>It depends on the type of judgment and which court the case eventually goes to.<\/p>\n<h2>&nbsp;<\/h2>\n<h2>Will I be able to remarry in church after the declaration of matrimonial nullity?<\/h2>\n<p>The affirmative sentence that has become enforceable, and therefore no longer appealable, certainly gives the possibility to access the sacraments and remarry in church, unless a prohibition is placed on moving forward with a new &nbsp;religious weddings. In this case, a very short administrative procedure is required to lift this prohibition to remarry in church.<\/p>\n<h2>&nbsp;<\/h2>\n<h2>What can I do if I don&#8217;t agree with the decision given by the Court?<\/h2>\n<p>Against an affirmative sentence of first instance, the defendant or the Defender of the Bond of the court or the Promotor of Justice may appeal to the same court within 15 days from the notification of the sentence. This appeal will then be continued before the higher court within 30 days. The plaintiff can appeal against a negative sentence of first instance. If &nbsp;no one appeals against an affirmative sentence, it becomes enforceable. In exceptional cases, it is also possible to appeal against an executive sentence by presenting nova <em>causae propositio<\/em> to the Tribunal of the Roman Rota or <em>restitutio in integrum.<\/em><\/p>\n<h2>Does <em>Amoris Laetitia<\/em> indicate an alternative way to the so-called \u201cmarriage annulment\u201d?<\/h2>\n<p>No. <em>Amoris Laetitia<\/em> suggests a path of discernment that precedes and \/ or accompanies the judgment of nullity of marriage but does not replace it. Only a declaration of nullity, in fact, can give the possibility to remarry in church.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<h3><strong>FAQ<\/strong><\/h3>\n<h1>IN CRIMINAL AND ADMINISTRATIVE MATTERS<\/h1>\n<h2>It is true that only wealthy persons can bring a case before an ecclesiastical court?<\/h2>\n<p>Absolutely not. Those who find themselves in disadvantaged economic conditions can apply for free legal aid by submitting appropriate documentation and will then be appointed by the court an official patron. In other cases, the party may request the reduction of expenses and \/ or their payment in installments or may ask the parish or the Caritas service to contribute to the payment of the court costs and possibly the lawyer&#8217;s fee, thus being able to choose their patron.<br \/>\nFor cases involving religious, all expenses, including the lawyer&#8217;s fees, will be paid by the Religious Institute to which they belong.<\/p>\n<h2>How much are the legal costs in ecclesiastical courts?<\/h2>\n<p>Before Rota, the court costs to be borne by the party who makes use of a patron are decided by the judge, at the end of the trial, on the basis of the party&#8217;s income and the work done by the court.<br \/>\nAt the Apostolic Signatura the court costs amount to \u20ac 1550.00 &nbsp;in the phase before the Congress and \u20ac 1050.00 &nbsp;in the phase in front of the College.<\/p>\n<h2>What is the lawyer&#8217;s fee?<\/h2>\n<p>At the Roman Rota, the Dicasteries of the Roman Curia and the Apostolic Signatura, the fee for criminal and administrative cases is established according to the tariff of the Vatican City State. The lawyer will draw up an estimate before the mandate is conferred.<\/p>\n<h2>Who is the patron?<\/h2>\n<p>He or she is the lawyer appointed for technical defense. The party establishes a personal and fiduciary relationship with the trusted patron, confirmed by the mandate.<br \/>\nAt the Roman Rota, only Rota lawyers, officially registered before the court, can serve in this capacity. Today, there are about 300 Rota lawyers around the world.<br \/>\nOnly the lawyers of the Holy See and the Roman Curia, who also know &nbsp;jurisprudence and administrative practice, or those who are exceptionally admitted can service before the Roman Dicasteries. The official registry of &nbsp;these lawyers can be found at &nbsp;the Supreme Court of the Apostolic Signatura and &nbsp;in the Pontifical Yearbook. Today there are 15 lawyers able to practice before the Roman Curia all over the world. There are three lawyers in the capacity before the Holy See.<br \/>\nOnly the advocates of the Holy See and the Roman Curia can serve before the Apostolic Signatura, who will necessarily defend the applicant and the agreed Dicastery. Eventually the lower Ecclesiastical Authority (bishop, religious institute, etc.), which issued the first contested administrative decree, or the applicant who has already &#8220;won&#8221; at the Roman Dicastery, can also be constituted their own patron. This possibility is particularly recommended in the event that the subject of the judgment is delicate or there is a particular interest of the lower Authority or of the initial applicant.<\/p>\n<h2>Who is the Rota advocate, the advocate of the Roman Curia and the Holy See?<\/h2>\n<p>The Rota lawyer is a professional who has completed a long course of study by obtaining a doctorate in canon law at a pontifical university and, at the Apostolic Court of the Roman Rota, a three-year diploma at the end of the <em>Studio Rotale<\/em>.<br \/>\nThe lawyer of the Holy See and of the Roman Curia is a rotal &nbsp;lawyer, with at least 7 years of effective patronage, who, due to his high skills in canonical administrative law and his good reputation and strong honor, is appointed by the Secretariat of State.<\/p>\n<h2>What is the procedure for an administrative appeal and for an appeal relating to sexual abuse?<\/h2>\n<p>Against a singular administrative decree, <em>remonstratio<\/em> must be proposed to the same author of the decree within the peremptory term of 10 days following notification. Once the rejection of the <em>remonstratio <\/em>has been obtained, the party must file a hierarchical appeal to the competent Dicastery within 15 days of notification. An appeal to the Apostolic Signatura must be lodged against this decree within 60 days. Before the Signatura there are three steps before the Secretary, Congress and College respectively.<br \/>\nIn the case of decrees issued in accordance with the Special Faculties granted &nbsp;to the Congregation for the Clergy and the Congregation for the Evangelization of Peoples, no subsequent recourse is given, other than the extraordinary one to the Holy Father. In these cases, the presence of &nbsp;the lawyer in front of the Dicastery is not mandatory, but highly recommended, since it is not possible to present any technical defense afterwards.<br \/>\nIn the case of decisions of the Congregation for the Doctrine of the Faith regarding sexual abuse of minors and vulnerable people and &nbsp;in relation to the so-called <em>delicta graviora<\/em> can &nbsp;only be used at the Feria IV of &nbsp;the same court. Against the decision of the Feria IV only extraordinary appeal can be made to the Pope. The accused must necessarily be defended by a lawyer. The civil party can be assisted or previously helped to file the complaint.<\/p>\n<h2>Is the assistance of a canonist necessary for the drafting of statutes, regulations and constitutions?<\/h2>\n<p>To draw up or modify statutes, regulations, constitutions of an association, a foundation, an institute or any legal person, it is always advisable to make use of the assistance of an expert. Even if the advice of a civil &nbsp;lawyer or a notary has been used, &nbsp;it must always be remembered that Canon Law, which will constitute the necessary legislative reference, consists of a set of rules, customs, particular and specific practices, which only a lawyer of the Roman Curia or of the Holy See or a canonical expert in General Norms or in the Law of Religious will have.<\/p>\n<h2>Are there possibilities for long standing working relationships and retainer fees for working the administrative field?<\/h2>\n<p>Numerous Religious Institutes, Dioceses, Episcopal Conferences, Associations and Foundations establish a long standing relationships with a lawyer from the Roman Curia or the Holy See to help them in administrative procedures (drafting of singular decrees, assistance in planning juridical-pastoral projects, etc. .), in the patronage of the Roman Courts and Dicasteries and more generally in relations with the bodies of the Holy See. This creates a trust worthy and exclusive relationship between a lawyer and an &nbsp;ecclesiastical body. These relationships are governed by a private contract between the parties.<\/p>\n<h2>Is a canonist necessary to evaluate the reuse of ecclesiastical assets?<\/h2>\n<p>The reuse of ecclesiastical assets is a highly relevant issue today, which requires a synergy of skill sets that includes expertise in canon law. Religious goods and former religious or ecclesiastical goods, in fact, maintain certain constraints determined by canonical legislation. A lawyer from the Roman Curia or the Holy See is the right person to provide advice on these issues, avoiding possible serious infringements or even the nullity of the acts.<\/p>\n<h2>What is an extraordinary appeal to the Pope?<\/h2>\n<p>All the faithful, at any time during a proceeding or process in which they have some right or after the issuance of a sentence or a definitive decree, have the right to appeal to the Pope to request that He judges the case. The drafting of this appeal is a personal act, but requires the assistance of a canonist, who helps to identify the reference legislation.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>MATRIMONY What is &#8220;marriage annulment&#8221;? Speaking of an &#8220;annulment of a religious marriage&#8221; is not entirely correct in that only what has actually come into existence can be annulled, and here the object of the canonical process is to verify that the marriage never in fact came into existence. It is therefore correct to speak [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/pages\/480"}],"collection":[{"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/comments?post=480"}],"version-history":[{"count":8,"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/pages\/480\/revisions"}],"predecessor-version":[{"id":488,"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/pages\/480\/revisions\/488"}],"wp:attachment":[{"href":"https:\/\/www.sacrarotaavvocato.it\/en\/wp-json\/wp\/v2\/media?parent=480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}