WHEN IS THE LEGAL COMMUNION DISSOLVED? MUST I WAIT FOR THE SEPARATION JUDGMENT?

Many people ask when the legal communion between the spouses ends.

Il 1 paragraph in the art. 191 cc provides that the communion is dissolved for the declaration of absence or presumed death of one of the spouses, for the annulment, for the dissolution or for the cessation of the civil effects of the marriage, for the personal separation, for the judicial separation of the assets, for conventional change of the patrimonial regime, for the failure of one of the spouses.

The causes of the dissolution of the legal communion are causes related to personal relationships between spouses, such as the presumed death, the annulment, the dissolution and the cessation of the civil effects of the marriage, the absence and the personal separation, and the causes that affect only the patrimonial relationships, what the judicial separation of the assets, the change of the regime asset and bankruptcy.

With the reform introduced by theart. 2, 1 ° co., L. 6.5.2015, n. 55 has been added to the art. 191 cc second paragraph which expressly provides that in the case of personal separation, the communion between the spouses is dissolved when the president of the court authorizes the spouses to live separated, or on the date of signing of the consensual separation report of the spouses before the president, as long as approved »

The personal separation of the spouses, as is known, constitutes the most frequent cause of dissolution of the communion. Given the timing of the proceedings, it is clear the interest of the spouses, no longer bound by bonds of solidarity, to free themselves as soon as possible from the bond of communion, and to be able to make personal purchases without having to give an account to the other.

Article. 191 cc provides that the dissolution of the communion that occurs from the presidential hearing entails great advantages for the couples who separate. For the purposes of the effects of the publication, the new art. 191 cc now provides that the decree with which the spouses are allowed to live separately is communicated to the registrar for the purpose of noting the dissolution of the communion.

ARMANDO CECATIELLO