The rules change divorce and separation. 1 March the reform of the civil process desired by the former Minister of Justice enters into force, Martha Cartabia, which aims to reduce the time of the cases and the amount of arrears that weighs on the Courts. The purpose of the new rules on divorce and separation is precisely to streamline the process which leads to the end of marriages, shortening the timing and providing for the possibility of presenting together, through a single act, both the request for separation and for divorce. The changes envisaged by the Cartabia reform will come into force on Tuesday 1 March 2023. Here's what changes.
Divorce and separation: maximum 90 days for the first hearing
Il waiting time for the first hearing it must be less than 90 days in order to reduce procedural times to about 8 months from the current 680 days (data from the Ministry of Justice). To do so, however, additional documents will have to be presented, especially in the presence of minor children.
The shortening of the times starts immediately: different requests will no longer have to be presented, but through a single question e both divorce and separation can be requested before the same judge. The application must be forwarded with appeal through which the appellant will have to demonstrate the means of proof, the elements of law and all the documents useful for the appeal, including those that certify the patrimonial condition.
At this point the president will fix the date of the hearing to appear directly before the Board or the delegated judge. The conciliation it will be attempted at the first hearing of the judge, together with the clarification of the conclusions.
In the presence of children, the jurisdiction will lie with the Court of residence of the minor. Without children, however, the Court of jurisdiction will be that of those who receive an application for separation and divorce.
The reform also establishes that it will have to be born by October next year a new Tribunal "for people, for minors and for families" which will deal with all the matters now divided between the ordinary court, the juvenile court and the guardianship judge.
Divorce and separation: the parenting plan and the sanctions
Along with the documents useful for submitting the application, there must also be a parenting plan inside which all the activities involving minors must be described (school, sport, schedule for meetings) in order to allow the judge to decide in the best possible way on custody and visitation rights.
If one of the two spouses accepts the proposed parenting plan, but does not respect it, he could be sanctioned. The new rules also stipulate that if one of the spouses he omits his real economic conditions to pay less maintenance, you will have to pay compensation and legal costs.
The new rules will apply to all proceedings subsequent to February 28, 2023, while those already in progress will continue to be governed by the provisions prior to the reform.
