Personal property acquired during marriage: how to exclude them from legal community.
May 9, 2024
Coppie straniere: perché è importante individuare correttamente la giurisdizione in materia di separazione giudiziale e responsabilità genitoriale
May 29, 2024
As we had already mentioned in our article https://www.linkedin.com/pulse/big-news-divorce-italy-marco-calabrese/ on May, 14 2023 “since … Reform Law was fully introduced (March 1st, 2023) married couples may apply for separation and divorce simultaneously. In other words, a Legal Separation Order that mandates the rights and duties of the couple while separated is issued immediately. The court proceeding will be put in a “stand-by” mode for six months or one year (in case of litigated divorce): then the divorce order will be issued without the need to apply a second time for divorce. This also applies to same-sex couples, whose marriage is called Unione Civile. .” For applications filed after 30th June 2023, the s.c. Cartabia Reform has made it possible for a couple to make one single petition to the Italian court for both legal separation and divorce.
However this new procedure was soon questioned by some Courts across the Country, in the sense that it remained unclear whether the six month cooling-off period of separation was only going to start when an application for litigated divorce had been filed (and transformed -in case- in an amicable divorce) or even in the event of a request of dissolution which had been started initially by a joint application.
The Supreme Court, on Oct 16, 2023 (dec. no. 4311) conveyed the green light on the possibility for the spouses to submitting a cumulative joint application for separation and divorce.
The Supreme Court “Corte Suprema di Cassazione” has in fact affirmed the principle according to which in the context of the procedure laid down by new article 473 bis 51 of the civil procedure code, the amicable application of the spouses regarding a joint and cumulative request for separation and dissolution or termination is now admissible.
Legal fees for divorcing couples are expected to be seriously diminished, if not halved.
All is well… (sometimes).
Marco Calabrese is an International Family Law Attorney and Collaborative Attorney shortlisted by the US and UK Embassy in Rome Owner of the Family Law Italy, a boutique law firm, located in Rome, Italy. m.calabrese@familylawitaly.com – website www.familylawitaly.com – +39068075014 +393289112809
