Divorce yes, annulment no. This was heard from the judges by a man who he discovered, at the time of the divorce proceedings after 18 years of union, that his wife, before meeting and marrying him, was a man. In light of this discovery, he had asked for the marriage to be annulled. The judges of the Livorno Court denied it. All that remains is the divorce, the process of which has already begun. It’s the Corriere Fiorentino to report a sentence that dates back to the summer and which is reported on the site byNational observatory on family law.
“The lack of knowledge of the original sex of the spouse does not correspond to an error regarding the identity or qualities of the person” says the sentence. The husband’s lawyer had referred to thearticle 122 of the civil code which reports cases in which a judge can dissolve the marital bond. This is the article: «Marriage can be contested by the spouses whose consent has been extorted with violence or is excluded due to error.
The error regarding the qualities of the other spouse does not cause the nullity of the marriage unless it results in an error regarding the identity of the person.
The action cannot be brought if there was cohabitation for a month after the groom regained his full freedom or became aware of the mistake.”
According to the newspaper, there are two versions given by the spouses. The civil marriage lasted from 2003 to 2021 and during these years they had started the adoption process, which was not then formalized. The wife could not have children. She says her husband knew about the sex change before she met him. He says that the woman had instead told him about an illness following which they had to remove her uterus.
According to the judges there was an omission on the part of the womanbut he would avoid pursuing the matter even when she told him she was ready to talk about why she couldn’t have children. He reports that he would have discovered the truth in 2022, during a mortgage and land registry inspection within the separation case. He says that if he had known about the sex change before there would have been no marriage and that’s why he should have had an annulment.
Source: Vanity Fair
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