Cartabia Reform
On March 1, 2023, a reform of family law regarding separation (separazione) and divorce (divorzio) procedures came into force. The reform was initiated by the former Minister of Justice, Marta Cartabia. Its goal is to make divorce procedures simpler and faster, significantly reducing the time.
Before talking about the main innovations, it is worth talking about the features of the divorce procedure. Traditionally, divorce proceedings in Italy take place in two stages:
On March 1, 2023, a reform of family law regarding separation (separazione) and divorce (divorzio) procedures came into force. The reform was initiated by the former Minister of Justice, Marta Cartabia. Its goal is to make divorce procedures simpler and faster, significantly reducing the time.
Before talking about the main innovations, it is worth talking about the features of the divorce procedure. Traditionally, divorce proceedings in Italy take place in two stages:
1) Separation (division) of spouses (from Italian "separazione").
The procedure for establishing by a court decision the status of separate residence of spouses, within the framework of which, among other things, issues are resolved regarding the rights of ownership of the residential premises where the family lived, the order of residence, communication with children, payment of alimony for their maintenance, as well as for the maintenance of the spouse (spouses), and other material issues.
The procedure for establishing by a court decision the status of separate residence of spouses, within the framework of which, among other things, issues are resolved regarding the rights of ownership of the residential premises where the family lived, the order of residence, communication with children, payment of alimony for their maintenance, as well as for the maintenance of the spouse (spouses), and other material issues.
1.1) Consensus process.
Spouses choose separation by mutual consent when they reach an agreement on personal and property relations. For example, they can freely determine the amount of alimony (from Italian "gli alimenti") for the maintenance of a needy disabled spouse, maintenance benefits (from Italian "ilmantenimento") for one of the spouses and children during the period of separation and after divorce, the procedure for communication with children. In such a case, the judge approves the agreement, and after six months the spouses can ask the court to finally dissolve the marriage.
Spouses choose separation by mutual consent when they reach an agreement on personal and property relations. For example, they can freely determine the amount of alimony (from Italian "gli alimenti") for the maintenance of a needy disabled spouse, maintenance benefits (from Italian "ilmantenimento") for one of the spouses and children during the period of separation and after divorce, the procedure for communication with children. In such a case, the judge approves the agreement, and after six months the spouses can ask the court to finally dissolve the marriage.
1.2) Court process.
Spouses who have not reached a consensus resort to judicial separation and turn to a judge to settle personal and property relations. Only after at least a year has passed can they ask the court to dissolve the marriage.
Spouses who have not reached a consensus resort to judicial separation and turn to a judge to settle personal and property relations. Only after at least a year has passed can they ask the court to dissolve the marriage.
In both cases, the requirement for the continuity of separate residence of the spouses applies. If the spouses resume cohabitation and the judge is informed of this fact, the divorce will be denied, and the court's decision on separation will cease to be effective.
2) Termination of marriage by court order (from Italian “divorzio”).
The main innovations of the reform:
- A single process for all family matters. Applicable to all family matters and minors.
- A single procedural document. It is possible to file a petition for legal separation and divorce at the same time, or to combine them in one proceeding. The dispute over legal separation and divorce will be based on introductory documents containing a full statement of the facts and evidence and the legal provisions on which the petition is based.
- Predominance of the interests of the minor. The centrality of the "predominant interests of the minor" is strengthened. This was previously enshrined in judicial practice. The criterion for territorial jurisdiction is the habitual place of residence of the minor, which corresponds to the place where "the center of his life is actually located."
- Parenting plan. It is envisaged that a parenting plan will be submitted to the judge, which defines the duties and daily activities of minors in relation to school, education, any extracurricular activities, visits to relatives and friends. This plan can be used as a basis for the court's decision on guardianship, custody rights and access rights.
- Protection of victims of domestic violence. The law strengthens protection in cases of family and domestic violence to protect victims, providing for certain measures in the event of "allegations of domestic or gender-based violence".
- Special courts. Juvenile and family courts are established: local district courts and a central body - the district court. Juvenile courts are not abolished, but transformed into these new bodies, strengthening their specialization. This part of the reform will come into force in October 2024.
The aim of the reform is to reduce the time of civil proceedings by 40%.
Sources:
- Tretyak T. Establishing guilt in divorce proceedings in Italy and the right to alimony // Advocate newspaper, 09/03/2021.