Analysis of the Judgment of the Supreme Court, Civil Section VI - 1, Order No. 20323 of 2019: Divorce and Reconciliation

The recent order of the Supreme Court No. 20323 of 2019 offers an important reflection on the issue of reconciliation in the context of divorce. The judgment, issued on July 26, 2019, focuses on the necessity of providing concrete evidence of reconciliation between spouses and the applicability of procedural rules concerning divorce.

The Legal Context

The case in question involves O.M.L., who challenged a ruling from the Court of Appeal of Bari, arguing primarily a supposed violation of the right to defense. The Court held that, in divorce proceedings, Articles 183 and 190 of the Code of Civil Procedure do not apply, but rather the special regulations provided by Law 898/1970, which governs expedited divorce procedures. This aspect is crucial, as it highlights how the legislator intended to avoid dilatory behaviors and ensure a swift resolution of disputes related to marital status.

The Evidence of Reconciliation

Another significant point raised by the ruling concerns the evidence of reconciliation. The Court established that mere cohabitation or sporadic meetings are insufficient to demonstrate a genuine resumption of married life. It is necessary to provide clear and incontrovertible evidence that attests to an actual restoration of the community of life and intent. In this context, the Court referred to established jurisprudence, emphasizing that the burden of proof lies with the party requesting the verification of reconciliation.

The Court reiterated that the failure to assign deadlines for the submission of final briefs does not, in itself, justify a violation of the right to defense, unless the prejudice resulting from such omission is demonstrated.

Practical Implications and Conclusions

This ruling highlights the importance of adequate preparation of evidence in matters of reconciliation and divorce. Spouses wishing to demonstrate a revival of the relationship must be aware of the necessity to provide significant and concrete elements. The Supreme Court, confirming the decision of the Court of Appeal, clarified that procedural rules in divorce aim to ensure speed and clarity, avoiding ambiguous or generic interpretations. Judgment No. 20323 of 2019 thus represents an important point of reference for all lawyers and family law professionals, emphasizing the need for a rigorous approach in managing evidence during divorce proceedings.

Conclusions

In summary, the order of the Supreme Court offers a reflection on the delicate balance between the right to defense and the need to expedite divorce procedures. The parties involved must be ready to present concrete and verifiable evidence to support their positions, avoiding vague claims of reconciliation. This ruling reminds us of the importance of an informed and strategic approach in family law proceedings.