The short divorce: all about how it works and how to get it
Law number 55 of 6 May 2015 introduced an "important novelty in our legal system: it is a short divorce, for which six to twelve months are enough to say goodbye definitively. The law on short divorce was a law awaited with trepidation from couples about to separate because it significantly shortens the time to dissolve the bond of marriage Are you in a crisis with your partner? Find out how to fix it by watching the video.
How the short divorce works
On May 6, 2015, with law number 55, the possibility of getting a divorce quickly was introduced in Italy. It starts from six up to a maximum of twelve months to dissolve the bond of marriage. This provision amended Article 3 of the Divorce Law (Law 898 of 1970) but it is not a real change from the law governing joint (or judicial) divorce. It simply changed section 3 of this 1970 law by establishing new (shorter) terms for divorce.
Before the 2015 reform, in fact, the law provided that for the divorce request, the separations had to be continued without interruption for at least three years from the moment of the first appearance of the spouses in court. Since the reform was introduced, however, the terms have been very short and a difference has been established between judicial and consensual separation.
According to article 150 of the civil code, before divorcing definitively, the couple must separate. Only in rare and serious cases it is possible to proceed directly to the divorce, while in 90% of the cases, the procedure provides for separation. This can be of two types: judicial or consensual.
Judicial separation presupposes a situation of conflict between the spouses who, having not reached a consensual agreement between them, turn to the judge. It is asked when facts or situations occur that make it impossible to continue living together.
While the consensual separation presupposes an agreement between the spouses, who seek mediation on the division of assets and on the methods of looking after the children animated by the same goal, that is to separate. In both cases, however, the couple must appear before the judge in court because a non-approved consensual separation is still only a de facto separation.
Before the reform on short divorce, the deadlines for passing from separation to actual divorce could even be five years, while now these have become much shorter. If the separation was consensual, in fact, it is possible to divorce since six months have passed from the date of the first appearance in court or from the signature for the separation.
If the separation was judicial, however, the deadline for divorce is one year from the date of the appearance of the spouses before the President of the Court.
What documents are needed to divorce
To make an appeal to the Court and thus obtain the cessation of the civil obligations of the marriage, it is necessary to present these documents:
- the extract for summary of the marriage certificate between the two spouses
- the certificate attesting the family status of both spouses
- the certificate of residence of both spouses
- the copy of the homologation decree or the court separation sentence
- the tax returns of both spouses
What is the procedure for obtaining a short divorce
This is the procedure for obtaining a divorce by mutual consent:
- In case of joint divorce in court (art.4, co. 16, law 898/1970) the spouses, through their lawyer (the lawyer can be unique for both), file an appeal in court in which they explain what the conditions are to whom they would like to divorce, both from an economic point of view and from that of custody of the children.
- A single hearing is then held before the President, who verifies that the conditions agreed between the spouses are respectful of the law and the welfare of the children.
- The Tribunal ratifies the agreement.
Here is the procedure in case of divorce with assisted negotiation (D.L.n.132 / 2014):
- The spouses ratify a divorce agreement which they sign before their respective lawyers, who undertake to transmit it to the Court.
How to divorce jointly:
- As in the previous case, the spouses declare the nature of their agreement to the registrar and sign it in his presence. However, it is not possible to take advantage of this possibility if the spouses have agreed on a transfer of real estate between them or if there are minor or non-self-sufficient children. Should these circumstances arise, they will have to appear in court or make use of assisted negotiation.
Is the lawyer always needed?
Sometimes couples wonder if it is always necessary to contact a lawyer in order to separate. It depends on the cases:
- If the divorce takes place in court it is always necessary to use a lawyer, and this applies to both spouses. However, they can decide whether to consult a lawyer each or whether to rely on a single lawyer for both.
- In divorce with assisted negotiation, the agreement between the spouses is necessarily concluded before the lawyers, therefore their presence is absolutely necessary. However, one can be enough for both.
- On the other hand, a lawyer is not required in the divorce in the municipality.
- In the event of a judicial divorce, the couple must have a lawyer each because it is a real cause.
