La facoltà prevista dall’Intesa di celebrare e sciogliere matrimoni solo religiosi

Abstract

The Intesa of 2019 bears a provision containing an express reference to purely religious marriage that is not without significant legal consequences. An agile prior analysis of the general canons of Anglican Canon Law and those specific to the Church of England governing marriage, still shows – albeit in the inevitable differences – strong connections with Catholic Canon Law, which represents its genetic matrix: with reverberations also on the innate repulsion towards divorce – even if admitted – as a form of ‘dissolution’. After an in-depth analysis of the topic, aimed at analysing its implications with respect to the clause adopted in the Intesa, and an investigation that leads to consider plausible – with respect to the case contemplated by the latter – the application of the so-called “trascrizione tempestiva ritardata”, the contribution goes on to examine the different profile of the recognition of the judgements issued in matrimonial matters by the English Civil Courts, especially in the aftermath of the “Brexit”, obtaining original insights.