The Law Firm Cecatiello has a long experience in the management of divorce cases.
Not all cases are the same; The Firm gives great importance to listening to the customer who, at ease, is able to communicate at best and to explain his real needs, his needs. After a careful evaluation of all the aspects at stake, even the economic ones, the Customer is recommended the best way, the best solution for his needs.
When we speak of divorce we speak of both the dissolution of the marriage bond and the cessation of the civil effects of the marriage concordant.
Since the distinction between the two types is not intuitive, it is appropriate to clarify what this consists of.
We must make a premise: in the Italian system there are two forms of marriage, the civil and the concordant.
There is talk of dissolution of the marriage bond, when divorce intervenes in relation to civil marriage, that is, what has been celebrated only before the civil registrar.
There is talk of of termination of the civil effects of marriage, when the divorce intervenes in relation to the concordant marriage (that is to the marriage celebrated in the church and transcribed in the registers of civil status, therefore, with both civil and religious effects).
When is it possible to ask for a divorce?
Before declaring the dissolution of the matrimonial bond or the cessation of the civil effects of the marriage, the Tribunal must ascertain the existence of two conditions: the first, of a subjective nature, consists of the end of the material and spiritual communion between the spouses, the second, of objective nature, constituted by the existence of at least one of the causes strictly required by law (art.3 Law 898 / 1970):
a) that the consensual separation has been approved or the judicial separation has been pronounced, with final judgment, and at least six months have elapsed from the appearance of the parties before the President in case of consensual separation or one year, always by appearance before the President, in the event of judicial separation;
b) that one of the spouses has been sentenced to life imprisonment or to any custodial sentence for particularly serious crimes;
c) that one of the spouses, a foreign citizen, has obtained in his country the annulment or dissolution of the marriage or has contracted new marriage;
d) that the sex change of one of the spouses has been judicially declared.
Personal effects of the divorce decree
- the change in the marital status of the spouses, which allows both to contract new weddings;
- the loss of the surname of the husband by the wife, unless the same is authorized by the judge to continue using it.
Patrimonial effects of the divorce decree
- the possible payment of a Divorce check periodical for the maintenance of the spouse who is deprived of adequate income and is in the objective impossibility to obtain them.
It is possible that it will be replaced by a single one-off check, if the parties agree to do so, the loss of successors rights; the right to a survivor's pension, but only if the holder of the divorce allowance; the right to a portion of the severance indemnity, if accrued before the divorce decree.
Divorce without separation
The European Regulation n. 1259 / 2010 which introduced great innovations regarding the law applicable to divorce and personal separation.
Its application allows, among other things, the spouses both Italian citizens who habitually reside abroad to obtain a divorce directly rather than proceeding to personal separation first.
It's possible for an Italian couple, after three months have elapsed since marriage, to request a divorce in Italy applying, for example, the Spanish law.
There is also a possibility for spouses to choose the law applicable to divorce through an agreement.
The agreement designating the applicable law can be concluded and amended at any time, but at the latest when the court is seised. However, if required by the law of the forum, the spouses may designate the applicable law also in the course of the proceedings before the court, in which case the latter shall file such designation in accordance with the law of the forum.
The agreement that determines the applicable law must be written, contain an indication of the date and be signed by both spouses. The form of a public deed is not necessary.
Article. 4 of the regulation provides that the designated law also applies where it is not the law of one of the States that have adhered to the regulation; this means that, if there are connection criteria, US law or, for example, that of another non-EC country can be applied.
The 1259 / 2010 regulation does not apply to the legal capacity of persons, to the existence, validity and recognition of marriage, to the annulment of marriage, to the name of the spouses, to the property effects of marriage, to parental responsibility, to food obligations, trusts and successions, even in the hypotheses that these matters are preliminary in the context of a process of divorce or personal separation.
The lawyer Armando Cecatiello is a matrimonial lawyer with twenty years experience and the Firm is organized so as to provide the best support in situations of separation or divorce both judicial and extrajudicial. The lawyer. Cecatiello is a trainer at the Collaborative Practice which can widen the range of possibilities for separation.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.