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 Client who, put at ease, is able to communicate better and to explain his real needs, his needs. After a careful evaluation of all the aspects involved, even the economic ones, the Customer is advised the best way, the solution that best suits 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.
A premise must be made: in the Italian legal system they exist two forms of marriage, the civil and the concordant.
There is talk of dissolution of the marriage bond, when the divorce occurs in relation to a civil marriage, that is, one that was celebrated only in front of the 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 marriage bond or the cessation of the civil effects of the marriage, the Court must ascertain the existence of two conditions: the first, of a subjective nature, is constituted by the end of the material and spiritual communion between the spouses, the second, of an objective nature, consisting of the existence of at least one of the causes strictly provided for by law (Article 3 of Law 898/1970):
a) that the consensual separation has been approved or the judicial separation has been pronounced with a definitive sentence and at least six months have elapsed since the appearance of the parties before the President in the event of consensual separation or one year, again from the appearance before the President, in case of judicial separation;
b) that one of the spouses has been sentenced to life imprisonment or any prison sentence for particularly serious crimes;
c) that one of the spouses, a foreign citizen, has obtained the annulment or dissolution of the marriage in his country or has contracted a 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 periodic for the maintenance of the spouse who has no adequate income and is objectively unable to obtain them.
It is possible that it is replaced by a check in a single solution, the so-called one-off, if the parties agree to this effect; the loss of inheritance rights; the right to a survivor's pension, but only if the holder of the divorce allowance; the right to part of the severance indemnity, if accrued before the divorce decree.
Divorce without separation
The European Regulation n. 1259/2010 which introduced great changes in 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 is 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.
Regulation 1259/2010, on the other hand, does not apply to the legal capacity of persons, the existence, validity and recognition of marriage, the annulment of marriage, the name of the spouses, the property effects of the marriage, parental responsibility, maintenance obligations, trusts and inheritances, even in the event that these matters are preliminary in the context of a divorce or personal separation proceeding.
The lawyer Armando Cecatiello is a matrimonial lawyer with twenty years of experience and the firm is organized in such a way as to be able to provide the best support in the presence of situations of separation or divorce both in and out of court. The lawyer Cecatiello is a trainer at 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.