Cass. civ. n. 28727 of 2023: Admissibility of the Accumulation of Separation and Divorce Applications
The recent ruling of the Court of Cassation n. 28727 of October 6, 2023, addresses a highly relevant issue in family law: the admissibility of the joint submission of separation and dissolution or cessation of civil effects of marriage applications. This ruling not only clarifies important procedural aspects but also represents a significant step toward a more efficient and less burdensome justice system for the parties involved.
The Regulatory Context and the Legal Question
Spouses A.A. and B.B. submitted a joint application to the Treviso Court, requesting personal separation and simultaneously the dissolution of the marriage. The Court raised a preliminary question to the Cassation regarding the admissibility of the accumulation of applications, highlighting the contrast between different jurisprudential orientations. The Court decided to rule on the matter, establishing a legal principle that clarifies the possibility of accumulating applications in a single proceeding.
Legal Principle Declared
In the context of family crisis, within the proceedings referred to in art. 473-bis.51 of the Italian Civil Procedure Code, it is admissible for spouses to submit a joint and cumulative application for separation and for the dissolution or cessation of the civil effects of marriage.
This ruling is part of the Cartabia Reform (Legislative Decree no. 149/2022) and responds to practical needs for coordination between separation and divorce proceedings. The admissibility of the accumulation of applications allows for a more rational and unified management of requests, avoiding duplications and procedural delays.
Implications for Family Crisis Proceedings
- Greater efficiency in managing cases related to marital crisis.
- Possibility to resolve all issues related to separation and divorce in a single venue.
- Encouragement of comprehensive agreements between the parties, ensuring adequate protection for the children involved.
The Court emphasized that the possibility of accumulation does not alter the non-disposable rights of the spouses but consolidates their autonomy in managing the marital crisis. Thus, the ruling represents a step towards greater protection of the parties' rights and a simplification of procedures.
Conclusions
In conclusion, the ruling n. 28727 of 2023 of the Court of Cassation marks an important advancement in family law, offering a more modern and pragmatic view of managing separation and divorce proceedings. The admissibility of the accumulation of applications represents not only an advantage for the spouses but also a way for the legal system to respond more effectively to the challenges of contemporary family crises.
