The Court of Cassation Judgement No 2600 February 4, 2010 ruled that the sentence exequatur ecclesiastical marriage from the beginning and remove the maintenance if the spouse who, by virtue of a divorce has received its check, it should return the money had in that capacity.
The issue stems from a process first separation and divorce which was then added, pending an ecclesiastical proceeding to request the nullity of the marriage that had been successful.
Still, the civil court had granted the divorce by setting against a maintenance man.
The judge of the Supreme Court affirmed the sentence of the deliberations and then to full recognition of the nullity of marriage in the Italian Church has res judicata and "sweep away" any decision "contrary" such as divorce As the divorce depends on the existence of the bond, while the other is not.
Based on these considerations, everything is determined by the civil courts (including child support) is losing value.
fact, pursue their ermine pursuant to art. 2909 cc, the exequatur pronunciation of ecclesiastical nullity of marriage has been between the parties and does assume that res judicata precludes any decision inconsistent with it. The pronunciation of ecclesiastical decisions regularly, establishes the invalidity of marriage and the absence of constraint: there is no doubt that the divorce, assuming the validity of marriage and the existence of the bond is raised in radical conflict with it. Remain so overwhelmed the divorce decree and its subsequent economic heads. "
In the past, the Supreme Court had expressed the same terms (Case No. 10055/2003), stating that " the res judicata effect of the Court decision, the law of the state, the ecclesiastical pronunciation Concordat of nullity of marriage, resulting in the loss of the marital bond, overwhelms any further proceedings in the existence and boulders in the validity of their marriage in mind, and thus lead to the forfeiture of purpose in the process of divorce has been .
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