Married couples who have entered into crisis, as provided for by the Cartabia reform, can submit a joint and cumulative application to the judge for separation and divorce, in this way the dissolution of the marriage is initiated with a scenario of greater stability of the agreements in order to avoid future reversals and uncertainties in the economic situation. The Court of Cassation gave the decisive indication to the courts - some of which declared the joint application of the spouses inadmissible with regard to divorce. In particular, the Supreme Court, with verdict 28727 filed yesterday, affirmed the principle that "in the matter of family crisis, in the context of the procedure referred to in Article 473 bis 51 of the Code of Civil Procedure, the appeal of the spouses proposed with a joint and cumulative application for separation and dissolution or termination of the civil effects of the marriage is admissible". In the opinion of the Forensic Congress Body, which in a note comments on the verdict of the 'stoats' of the First Civil Section, this decision arouses "great satisfaction for the timely intervention of the Court of Cassation which puts an end to the discrepancy of rulings on the merits by re-establishing an unequivocal criterion for the interpretation of Article 473 bis no. 49 of the Code of Civil Procedure". The verdict in question was requested "on reference for a preliminary ruling by the Court of Treviso pursuant to Article 363 bis of the Code of Civil Procedure, which allows indications to be requested in the context of legitimacy" for the resolution of a question of law that presents serious interpretative difficulties.
"In the aftermath of the entry into force of the Cartabia reform, which introduced the option provided for by Article 2 bis no. 473 of the Code of Civil Procedure to submit a cumulative application for separation and divorce, there has been a proliferation of conflicting rulings in various Courts in Italy (Treviso, Florence, Genoa, Milan, Vercelli, Lamezia Terme, Bari, Padua) and with its own note of June 49 the Forensic Congress Body had asked the Ministry to clarify the discipline with a regulatory intervention".
Now the Court of Cassation, concludes the OCF note "has clarified the interpretative doubts so that the current legislation can be applied unequivocally and without unequal treatment throughout the national territory. The Forensic Congress Body hopes that the introduction of this faculty will lead to greater compliance with the guidelines on justice provided for by the NRRP."
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