Divorce Divorce is the legal arrangement that allows the dissolution or termination of the civil effects of marriage when the spouses has failed material and the spiritual communion of life and it can not be in any If reconstituted.
There is talk of dissolution if they have been married in a civil ceremony, cessation of the civil effects where it has been celebrated marriages. The
divorce proceedings can follow two alternative routes, depending on whether or not there is consent between the spouses:
joint divorce, when there is agreement on all the conditions of the spouses, in this case the application is submitted jointly by both spouses;
divorce, when there is no agreement on the conditions, in this case the action may be submitted by only one spouse. Divorce is different from the legal separation
with it because the spouses do not put a definitive end to the marriage relationship, but I suspend the effects of waiting for a reconciliation or measure divorce.
elements needed to apply for divorce are therefore:
dell'affectio coniugalis the disappearance, that the moral and spiritual communion;
lack of cohabitation between husband and wife.
Divorce is governed by the Civil Code (art. 149 cc), by Law 898/1970 (which introduced the institution for the first time in Italy) and
Law 74/1987 (which has made significant changes to the previous year).
The causes that allow spouses to divorce are exhaustively listed in art. 3 of the Act 1970/898 and belong mainly to cases where one spouse has attempt on the life or health of the other spouse or offspring, or it has made specific offenses against the moral of the family.
But the cause that leads to the statistically prevalent
divorce is the legal separation of spouses lasted continuously for at least three years as from the first court appearance of the spouses before the court in the process of separation, even when the contentious trial has become consensual. For the running of three years is not worth the time that the couple have spent in de facto separation, ie not to take a decision to approve the Court.
Divorce may be required:
in case of judicial separation: if there was the court decision becomes final passage of the judge in
case of separation by mutual consent: Following approval of the decree ordered by the court;
in case of separation of fact: whether the separation was started two years before December 18, 1970 In the first two cases, between the appearance of the parties before the President of the Court in the process of separation and divorce filing the request must still be at least three years.
With divorce, the husband and wife change their previous status as a spouse may contract a new marriage.
The woman loses her husband's surname.
a result of divorce, are not the rights and obligations arising from marriage (Articles 51, 143, 149 cc), is less than the joint estate of the goods under Article. 191 cc (if already has not happened in the separation) is no longer the destination of the bottom sheet (art. 171 cc) and there is less participation of the former spouse to the family (art. 230 bis CC).
The divorce decree will also establish measures to:
property matters and the allocation of the family home payment
check divorzile custody of the children In the case of divorce, if there is no agreement between spouses on property relations, the court may confirm the decisions already taken in the separation, or - as a result of evidence adduced by the parties or of fiscal supervision prepared by the same court to assess the ability to pay of each spouse - can determine whether to grant divorzile and custody and child support.
You can not in any way in order to have exclusive property of the spouses and purchases made by either themselves or the property of "personal" character, as identified by law, except in the case of allocation exclusive custody of the family home to the spouse of the offspring, even if the owner of the property.
Regarding the allocation of 'family home
el'
custody worth more or less the same principles set for the separation procedure.
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check divorzile has a rather different nature than that which can be determined in the separation, as is due to dissolve their marriage.
child custody in divorce cases, as in the case of separation, is now governed by rules introduced by Law No.
54 February 2006 8.
The basic principle is that, even in case of divorce of parents, the minor child has the right to maintain a balanced relationship with each of them and continued to receive care, education and instruction on both and keep meaningful relationships with the ascending and the relatives of each parental branch.
Therefore, when divorce and unless otherwise agreed between the spouses, the court must primarily consider the possibility that minor children remain assigned to both parents (
shared custody) or decide which of the children they are entrusted (expectations exclusive), always considering the exclusive interest of the child.
The court also determines when and how the presence of children at each parent, shall also determine the extent and the manner in which each of them should contribute to the maintenance, care, education and education of children (see below).
The parent with custody has the exclusive power for children over the administration and the legal usufruct on their property. The non-custodial divorced parent
retain the obligation (but also the right) to maintain, raise and educate their children.
The non-custodial parent must pay child support for their offspring.
The allowance is paid monthly and must also be paid the amounts relating to extraordinary expenses in question (eg. Those educational, recreational, medical, sports or vacation). The amount, by law, must be reviewed annually according to indices ISTAT.
The court may also establish an allowance for adult children, to be paid directly to them, when their incomes have not adjusted.
Article. 155-quater of the Civil Code stipulates that the interest of children is also crucial to determine which of the spouses will be awarded to the enjoyment of the family house.
In case of death of the former spouses, divorced spouses, it is definitely a failed marriage, has no right of inheritance. He can only receive a share if the holder of the check or the maintenance divorzile. It can not receive anything if the check divorzile was paid in one installment.
