Simplify the slogan. A term that is never used too often when it comes to justice and bureaucracy, which in Italy continue to be a giant machine in which long and complex processes get stuck, as well as very common practices such as issuing a passport orgetting separation. Today I procedural time limits for a contentious divorce average 1.5 years (ISTAT data), but after 28 February everything can change – there is hope – with a halving to 8 months, thanks to the application of the provisions reform of the former Minister of JusticeMarta Kartabia, which the Meloni government decided to anticipate.
The most important innovation concerns the possibility to make an offer with one action before the same judge is a request for judicial separation and divorce with significant advantages in the case of, for example, difficult cohabitation with violent partners. In fact, with this reform, there will no longer be a need for a two-stage structure of the procedure: first appear before the President of the Court with an attempt at conciliation, and then, in a negative case, before the investigating judge. Everything will be focused on one hearing to reduce the time it takes for a verdict. In fact, under the new procedure, the president sets a date for a hearing to appear directly before the Council or the appointed judge, at which the possibility of reconciling the case with the presidential hearing, the hearing referred to in art, will be tested. 183 gp and clarification of conclusions in one day.
What are the changes for couples with minor children
For married couples with minor childrenjurisdiction in the territory will be the court at the place of residence of the minor and in the admission documents, the lawyers of the spouses will also have to insert the so-called “parent plan” that is, a detailed account of the activities that children engage in during the day, from school to entertainment and sports activities to the division of vacation days, in order to provide the judge with as many elements as possible to regulate custody, accommodation, right to attend, verification of realistic conditions for a joint parental care plan. Minors will always be heard, not necessarily in court, and at any time the judge may decide to take temporary and urgent measures to protect minors. Among the innovations is also the possibility for the referee punish a parent who accepts the parenting plan but does not follow it in terms of time and methods. Sanctions range from a warning to a sentence to an administrative fine that can be as high as 5,000 euros.
Among the novelties, according to Courierit should be noted that for future ex-couples will be required to demonstrate to the judge his ancestral status by filing a list of registered movable property, company shares, bank and financial accounts, and a tax return for the last three years. And in the absence of children, territorial jurisdiction will belong to the court at the place of residence of the defendant, that is, the person who received the application for divorce or separation. In Italy, there were 79,917 separations and 66,662 divorces in 2020 (compared to 2019), of which about a quarter are judicial in nature. The decline is primarily due to a drop in the number of first weddings, which recorded a new low in the year of the pandemic — only 69,743 (-52.3% compared to 2019). Today, most couples prefer out-of-court dispute resolution, introduced in 2014 by the civil registry offices, due to the speed of the procedure, which is shorter on average: about 40 days versus about 160 days in the case of a divorce by mutual agreement in court. Courts. But with this reform, everything could change soon.
Source: Elle