Applications for divorce and separation may be submitted together

Applications for divorce and separation may be submitted together

In the outline of the decree implementing Law no. 206/2021 for the reform of the civil process, among the novelties for individuals and the family, it provides for the possibility of applying for separation and divorce with a single introductory application.

Of particular interest, especially for the practical implications that it will entail, is the novelty represented by the possibility of proposing the request for dissolution of the civil effects of marriage as early as the introductory acts of the divorce proceedings.

Applications which, as art. 473 bis of the Italian Civil Code, may be proceeded with after the time limit laid down by law for this purpose has elapsed, and after the judgment pronouncing the legal separation has become final”.

In the event that separation and divorce proceedings between the same parties are brought before different judges, art. 40 of the Code of Civil Procedure on related actions will apply, which will therefore result in proceedings before a unique  judge. If, on the other hand, the proceedings are to be heard before the same judge, they will be joined as governed by Article 274 of the Code of Civil Procedure.

If then the couple has children, the remission takes place before the judge indicated in art. 473-bis 11, i.e. the court of the place where the child has its place of residence.

Finally, the last paragraph provides that “The judgment issued at the outcome of the proceedings referred to in this article shall contain autonomous heads for the different applications and determine the starting point of the different financial contributions (allowances, alimony and child support) that may be provided for”.

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