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In truth, the 1970 law lists different cases in which one of the spouses may apply for a divorce: if three years of individual, judicial or agreed separation have passed; if there has been a punishment of the other spouse, even for actions performed before marriage, at life imprisonment or imprisonment for more than fifteen years or for specific heavy offenses (eg risky assassination of consort or offspring); if the marriage union has not been completed; if the other non-Italian consort has had in other countries the invalidation or release from marriage or has joined another country in another marriage; the verdict of retraction of sexual recognition according to the norm 14 April 1982, n. 164;
When the Catholic marriage union is annulled, it is called the annulment of the civil effects of the marriage union).
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In the first case, which is the most frequent, the spouses can divorce after 3 years of continuous separation have passed; It is essential to underline that the 3 years start from the moment in which the consorts present themselves before the President of the Court, that is from the first appeal, and not from the separation decree or the agreed separation constraints, which are highlighted later.
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As already mentioned, the divorce legislation has included a structured and complex matter aimed at regulating various fundamental aspects that exist or may exist with the end of the marriage bond, such as: the more "fragile" economic right of the consort to claim a subsidy of sustenance from the other spouse, for himself and possibly for the offspring; the right of the former spouse, already possessor of a subsistence allowance, to obtain the survivor s pension - or a part of it - and other fees, such as the indemnity for the end of the relationship.
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In fact, at various times the Court of s6 (yi66) established the right of the former spouse to obtain, when a divorce is in place, a portion of the severance pay that belongs to the other spouse, and this also in the case in which the former spouse has undertaken a new marriage union: in this case, the severance pay will be divided between a spouse and a consort, compared to the period of the relative marriage, with various corrections, concerning other elements such as the subsidy provided for the separated spouse before the death of the former spouse, the restrictions of the persons concerned or the likely life span in common before the marriage of the second spouse.
Then to the separated spouse, even if a divorce holder, it will also be a part of the survivor s pension, if anything for the former dead wife. It is essential for the divided consorts to submit a common divorce proposal, which initiates a very quick judicial procedure, without any preliminary investigation, which generally takes place with only one hearing.
The study team offers its professional competence for the legal defense of minors in the most important stage concerning their foster care for spouses after divorce. Consensus awarding. The law n. 54/2006 on the consensual assignment, instead of the previous shared custody, has included a fundamental innovation in family law, and has mainly enshrined main aspects for a new way of understanding the relationships between spouses and minors, including divorce.
Assistance and legal support for foster care (). Notions as a big-estate role, shared relationships and responsibility, shared decision have last modified the trend of family relationships after separation, putting in relief the needs of the offspring, which has the right to have a constant and stable relationship with both consort even after the marriage crisis; in conclusion, every consort must consent to have exchanges of ideas and communicate with his partner, in the common will to educate and educate their children, putting aside the disagreements and disagreements that must not impede the rightful conduct of relationships between children and spouses.
In the current legislation every spouse must continue to provide for the offspring and be a continuous reference for it: in this view both spouses, if on one side have the obligation to cooperate to take the most relevant and indicative choices for the offspring, from on the other hand, each has the right to draw their own spaces, to create a new relationship with the offspring, without any intervention or intervention by the former spouse. Assistance and legal protection online Legal advice. The purpose of a just provision.