Quick divorce finally becomes reality, without exceptions and without differences between one Court and another. From today those who want to separate and divorce using a single procedure will be able to do so without any problems as a result of sentence number 28727 of the Supreme Court who expressed her opinion on a question raised by the Court of Treviso. Until now, in fact, quick divorce had been experimented with by some courts, but opposed by others. Now everyone will have to follow the same rules and allow married couples who intend to break up to separate and divorce in "one fell swoop".
Divorce and separation: how does it work?
Before the Cartabia reform, spouses who wanted to break up had to face two different procedures. In the first instance it was necessary to sign theseparation agreement, then, after six months, they had to return to the lawyer, negotiate again, file a second appeal and wait for the trend that established the dissolution of the marital bond. Obviously the expenses were double: the lawyer had to be paid twice and the so-called unified contribution twice.
Fast divorce 2023: the Cartabia reform
The Cartabia reform gave spouses the opportunity to present a joint appeal, but according to the judges' first interpretations it seemed to limit the possibility only to contentious cases. The Supreme Court ruling instead establishes that the fast appeal mechanism can also be applied to consensual procedures, allowing those who leave to save time and money.
“Following the entry into force of the Cartabia reform which introduced the faculty provided for by art. 473 bis n.49 cpc to propose a cumulative request for separation and divorce, we have witnessed – explains the Forensic Congressional Body – the proliferation of rulings discordant in various Italian courts (Treviso, Florence, Genoa, Milan, Vercelli, Lamezia Terme, Bari, Padua) and with its own note dated June 2023 the forensic congress body had asked the Ministry to clarify the discipline with a regulatory intervention" .
“Now the Court of Cassation, concludes the OCF note, “has clarified the interpretative doubts so that the current legislation can be applied unequivocally and without unequal treatment throughout the national territory.”
Quick divorce 2023: what changes with the Supreme Court ruling
Sentence 28727 affirms the principle according to which "in terms of family crisis, in the context of the procedure referred to in art. 473 bis 51 cpc, the appeal of the spouses proposed with joint and cumulative application of separation and dissolution or termination of the civil effects of marriage". The forensic congress body explains that this decision arouses "deep satisfaction for the timely intervention of the Court of Cassation which puts an end to the discrepancy in rulings on the merits by re-establishing a univocal criterion of interpretation of art. 473 bis n.49 cpc". Speaking in put simply, from now on all spouses will be able to have access to the quick divorce.
