In the case of a civil marriage (that is, a marriage contracted in the municipality before the Civil Service Official), the divorce is the definitive dissolution of the marriage bond , pronounced by a ruling by the competent Court; the dissolution of the bond may now also be the effect of an agreement reached at the end of a special negotiation procedure assisted by a lawyer, introduced by Decree 132/2014 as a converted, or an agreement before the Mayor as a State Official Civil (but only if certain conditions apply).
In the case of a wedding concordant(ie when the marriage was celebrated in the Church and then regularly transcribed in the registers of the Civil State of the City), we speak more properly of " cessation of the civil effects " of marriage itself: the effects on the level of the religious sacrament remain (unless that a sentence of annulment or nullity is not obtained by the Regional Ecclesiastical Court or the Sacred Rota).
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Before pronouncing the divorce decree, the Tribunal must always attempt reconciliation and ascertain that spiritual and material communion between spouses can no longer be maintained or reconstituted (Article 1 of the Divorce Law): in other words, before pronouncing the divorce the judge must make sure that the break in the relationship between husband and wife can not be reconstructed in any way.
In addition to this, the judge must check the existence of at least one of the conditions required by law . In a nutshell, the divorce cases are as follows:
the spouses are legally separated and, at the time the divorce application is filed, the separation status has lasted continuously for at least 12 months if the separation is judicial or at least 6 months if the separation is consensual (this term runs from the day the appearance of the parties before the President of the Court in the separation procedure);
one of the spouses has committed a particularly serious offense (for example, he was sentenced to a life sentence with a sentence of imprisonment or a sentence of more than 15 years) or – regardless of the duration of the sentence – he was convicted of incest, crimes against sexual freedom, prostitution, voluntary or attempted murder of a child, attempted murder of the spouse, aggravated injuries, mistreatment, etc .;
one of the spouses is a foreign citizen and has obtained the annulment or the dissolution of the marriage bond abroad or has contracted abroad a new marriage;
marriage has not been consummated;
the sex change of one of the spouses has been judicially declared.
The negotiation assisted by lawyers or the agreement before the Civil Status Officer Torna su
It is necessary to dwell on the important novelty provided for by Decree Law 132/2014, as amended by the relative conversion law (No. 162/2014).
This legislation gives the opportunity for ex-spouses to divorce via an optional procedure to that court: the Convention of negotiation assisted by lawyers.In practice, in these cases the ex-spouses can try to find a good-natured agreement, thanks to the assistance of lawyers (each of the two parties must be assisted by a lawyer and the two lawyers must not belong to the same law firm to avoid conflicts interest). Assisted negotiation begins with the sending of an invitation to conclude the divorce agreement; the non-response to the invitation or the refusal are elements that may – in case of subsequent judgment – be taken into consideration by the Judge.
The agreement between the ex-spouses must be reached within a pre-established period, in any case not less than one month from the start of the assisted negotiation procedure. The agreement is signed by lawyers who assist the parties. In signing the agreement, lawyers guarantee compliance with "mandatory rules and public order" and authenticate the signatures affixed by former spouses. Lawyers assisting divorced ex-spouses are obliged to transmit the certified copy of the agreement to the Civil Status Office of the Municipality where the marriage was registered or transcribed.
Selfthere are no underage children, incapable or severely handicapped , then it will be necessary to obtain the permission of the Public Prosecutor (but there is no provision within which the authorization must be requested). On the other hand, if there are children who are under age, incapable or severely handicapped , the agreement must be sent within 10 days to the Public Prosecutor , who may issue the necessary authorization or, within 5 days, retransmit the same agreement to the President of the Court, to order the appearance of the ex-spouses. (The proceeding concerning the release by the Public Prosecutor of the authorization or authorization is exempt from theunified contribution of registration to role due for each degree of judgment upon request of legal activities of the interested parties. Likewise, the proceedings before the President of the Court are exempt ) .