A recent decision by the Italian Court of Cassation makes one thing very clear: marrying an emotionally immature partner is not enough to annul a marriage under Italian law.
Even if the relationship later turns out to be difficult, the law only allows annulment in much more serious situations.
Civil law vs Church law: why they differ
In this case, a Church (ecclesiastical) court had already declared the marriage null, arguing that the wife lacked the psychological capacity to understand the duties of marriage.
However, for that decision to have legal effect in Italy, it must go through a recognition process (called delibation). During this step, Italian courts check whether the religious ruling complies with the principles of civil law.
Both the Court of Appeal and the Court of Cassation رفضed recognition. Why? Because Italian law applies stricter standards than canon law when it comes to cancelling a marriage.
When can a marriage actually be annulled?
Under Article 120 of the Civil Code, annulment is possible only if one spouse was incapable of understanding or willing at the moment of the wedding.
This means:
- A serious psychological condition must exist
- It must completely impair judgment, even if only temporarily
Traits like emotional immaturity, insecurity, or difficult personality—even if proven—are not enough.
In this case, the woman showed issues like anxiety, rigidity, and egocentrism. Still, the Court found that she fully understood she was getting married, so the legal requirements for annulment were not met.
Why cohabitation matters
Another key factor was that the couple had lived together for more than three years.
Italian law gives weight to this: long-term cohabitation shows that the relationship was accepted and carried forward, even if imperfect. After a certain point, you can’t go back and claim the marriage never existed simply because problems became evident.
In other words, the law protects the stability of relationships over time, not just what happened at the wedding.
Annulment vs separation (big difference)
This case highlights an important distinction:
- Annulment → erases the marriage as if it never existed
- Separation → recognises the marriage but regulates its breakdown
Emotional immaturity falls into the second category. It may justify separation, but not annulment.
What this means in practice
The ruling confirms a broader principle:
not every failed or difficult marriage is legally “invalid.”
If the issue is personality, incompatibility, or emotional limits:
- You may pursue separation or divorce
- But you generally cannot cancel the marriage retroactively
VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com