The judgment no. 18843 of July 10, 2024, from the Court of Cassation provides significant insights regarding "side" agreements and their consideration in the context of economic conditions of divorce. This ruling is part of a legal debate of considerable importance, highlighting how the wishes of the parties must be respected even in the review of economic conditions.
Law No. 898 of December 1, 1970, which regulates divorce in Italy, provides that the economic conditions between ex-spouses can be modified over time, based on a changed arrangement of their financial situations. In particular, Article 9 establishes that such conditions can be reviewed, taking into account any agreements possibly made between the parties.
Side agreements "strictly connected to the divorce agreement - Necessity of consideration in the review of economic conditions - Existence - Case law. Agreements that, although contained in a separate and concurrent pact to the joint divorce agreement, are closely related to it by the will of the parties and do not concern non-disposable rights or conflict with mandatory norms, even if they cannot be the subject of direct intervention by the judge, as an expression of the parties' free contractual determination, must be taken into account in the review of the economic conditions of divorce pursuant to Article 9 of Law No. 898 of 1970.
In this specific case, the Court annulled the decree of the Court of Appeal of Milan, which had not considered a private document establishing an additional payment of €2,500.00 monthly from one spouse to the other, in addition to the maintenance allowance already set. The Court stated that such agreements, although not subject to direct intervention by the judge, must still be considered in the review of economic conditions.
This ruling has important practical repercussions for spouses in the divorce process and for the lawyers assisting them. It is essential to consider the following aspects:
In summary, judgment no. 18843 of 2024 represents an important step forward in the consideration of side agreements in the context of divorce, emphasizing the importance of the parties' will and the necessity to ensure its respect even during reviews.
The Court of Cassation, with judgment no. 18843, clarifies that side agreements cannot be ignored in the context of reviewing economic conditions of divorce. This legal orientation represents an invitation to all legal practitioners and the spouses themselves to pay attention to the agreements made during the divorce process, so that they can be adequately considered in the future.
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