Divorce: short guide on the dissolution of marriage and its effects
In the video below you will find the testimony of a sexology consultant, therefore a professional in the field of couple crisis. Breaking up in love is scary, but these feelings can be dealt with without falling into bad habits, if followed in the right way. Sometimes it is inevitable to separate, just because you feel that your relationship has come to an end. If you are thinking of getting a divorce, here is a guide to gather the first useful information.
The divorce law
In Italian law, divorce is called the dissolution of marriage and, in the case of a religious marriage, termination of the civil effects of the marriage.
In our country it was introduced for the first time in 1970, more precisely on December 1st of that "year. Divorce did not have an easy time because the Christian Democrats opposed them to the end, so much so that four years later it was established. a referendum to have that law repealed.As you can well guess, this did not go through and marriage dissolution has been legal in Italy since the 1970s.
The law governing divorce is n.898 / 1970, but it is not the only one on the subject. In fact, in 2015 another law on the subject came into force, which regulates a different type of marital dissolution: short-term divorce, made necessary for many couples as the Italian legal system has a particularity that does not exist in other countries, namely that divorce cannot be obtained only with a judicial procedure, but must be preceded by a period of marital separation. With the introduction of the short divorce, the uninterrupted legal separation period set at three years was shortened. And thanks to this, Istat noted in 2015 a significant surge in divorce requests, equal to approximately + 57% compared to to the year before.
How soon can you divorce your partner
Therefore, before the 2015 reform, the law told spouses interested in civilly separating that in order to proceed with the divorce request they must first respect a period of separation without interruption, for at least three years from the appearance before the President of the Court. Even if the separation was of a personal nature. To date, the timing is a little more streamlined and the difference between judicial separation and consensual separation has been highlighted.
Basically, you can divorce your partner after 6 months if the separation is by agreement and after 1 year if the separation is judicial (or personal), again following the appearance of the spouses in court.
If the divorce takes place in court, the terms indicated above apply regardless of the presence or absence of children.
Another issue is the presentation of the application at the municipal offices. In this case, the spouses can sign the divorce agreement before the registrar, but only if they do not have minor children or adult children who are handicapped, incapable or economically not self-sufficient.
Another difference with the application in court is that in order to divorce in common it is not necessary to call upon the lawyers. What does this entail? A significant saving of money on both sides.
Finally, let's not forget that there is the possibility of divorce immediately, but only when exceptional circumstances arise:
- unconsummated marriage;
- change of sex of one of the spouses;
- conviction for serious crimes within the family (such as mistreatment or violence against the other spouse or children);
- annulment or dissolution of marriage celebrated abroad.
Effects of the dissolution of the marriage bond
Marriage is a contract in all respects, with reciprocal duties and rights, and in the event of dissolution, very specific effects are triggered that involve both parties.
The divorce decree arouses in the former spouses a series of emotions that will be elaborated over time, because in fact they become strangers in every sense, but at the same time it also produces some practical effects.
In particular, we note the reacquisition of the free state and the loss of the husband's surname by the wife; the duty of fidelity, cohabitation, moral and material assistance and collaboration is also lost, as well as the loss of successor rights.
When a marriage is dissolved, the economically disadvantaged spouse is entitled to a divorce allowance, which must be quantified on the basis of the spouses' income and the duration of the marriage. This allowance will be received by this person until he or she decides to remarry or in the event of the death (and even bankruptcy) of the person who is obliged to do so.
Then there are some questions that are up to the judge, such as the destination of the house and other property. In the case of a couple with children, it is always the judge who has the last word on the custody, shared or exclusive; in the latter case it also obliges the other to pay a maintenance allowance for the support of the minor (s). If the spouse is entitled to a maintenance allowance, he will also be entitled to the survivor's pension of the former deceased spouse, provided that those who are still alive have not remarried with another person.
Judicial and consensual separation
Divorce, as well as separation, in the post reform of 2015 can be of a consensual or judicial type. What does it mean specifically?
The first case occurs when the partners agree on the dissolution of the marriage bond, otherwise a judicial divorce is used: it usually happens when an agreement is not found and the intervention of the judge is necessary.
The second option is a bit more difficult to deal with as a process, because the dissolution turns into a real cause, having to go before the judicial authority; the consensual divorce, on the other hand, as we have already mentioned, can take place in court, in the Municipality or even through assisted negotiation (provided that the lawyers of both parties are present).
Before the reform there was a factor that united the two types of separation, and that was that one had to take into account going before the judge. In fact, in order for the agreement to be valid, it had to be validated by an authority, the judge, and approved by the court.
If there was no homologation, the consensual separation remained a de facto separation.
Today this is no longer the case because through assisted negotiation you can separate or divorce without going to court. An agreement specifying the regulation that the spouses must respect is sufficient, but if there are irregularities or in the case of children, the mediation returns either to the public prosecutor or to the president of the Court.
Short Divorce: How Do You Get It?
The short divorce procedure is in some ways the fastest and cheapest option if you want to get away from your partner as quickly as possible.
With the assisted negotiation seen in the previous paragraph, the spouses are obliged to resort to a lawyer, but in the case of a short separation or divorce it is not necessary.
This type of dissolution is valid only if there are no children in the family unit (minors or adults with disabilities or other problems) and if there is no asset transfer agreement. It is also specified that the children must belong to both spouses; if they are the offspring of only one of the two members of the couple, then you can go smoothly.
After submitting the declaration of wanting to divorce, the people involved are usually called back by the registrar to confirm the agreement after thirty days. From the moment the agreement is considered concluded, the separation is official.
How much does it cost to get a divorce in Italy?
Everything has a cost and it certainly also has to put an end to a relationship consolidated by a contract. Unfortunately, legally dissolving a marriage can be very costly from an economic point of view.
We can't know in detail the costs of a single lawyer, but we can do a span calculation to help you sift through all the hypotheses.
Do not forget, in fact, that among the heaviest items of expenditure there is certainly that relating to the maintenance of the disadvantaged spouse and which does not concern the divorce process itself, but the period immediately following. Those with a higher income are required to pay the divorce allowance to the former spouse and to the children, if any, a maintenance allowance and 50% of extraordinary expenses. Obviously all the amounts are to be considered in relation to the various incomes, the standard of living etc etc ...
When you separate / divorce by mutual consent in the Municipality, the cost is negligible: € 16, which are the rights to be paid to the civil status office.
If you choose to proceed with assisted negotiation and therefore with the involvement of lawyers, the lawyer 's fee is considerable; varies on average from € 1,500 to € 3,000.
And finally, if the best option is to divorce in court, consider that the costs are even higher. Here's why: you have to pay the unified contribution, 43 € for the divorce by mutual consent and 98 € for the judicial one; the fee of the lawyer who in a judicial case for the length can exceed € 5,000 and the legal costs for those who lose the case, also very variable from € 1,500 to € 4,000.
