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SEPARATION AND DIVORCE

The Decree Law no. 132 / 2014 converted into Law n. 162 / 2014 introduced new arrangements for spousal divorce, joint divorce, and divorce and divorce modification.

Spouses or former spouses may resort to:

1) agreement by means of assisted negotiation in front of the lawyer (Article 6)

2) agreement with the Civil Registrar (12)

Article. 6 of Law no. 162 / 2014 provides for the possibility for spouses or former spouses to use the one or more attorney-at-trades agreement for each party in order to conclude a divorce, divorce or modification of the separation or of divorce.
Whoever is interested in taking such a new procedure must contact an attorney for verification of legal requirements and for the fulfillment of the requirements.

The agreement reached is equated with judicial decisions defining personal separation procedures, cessation of civil effects or divorce or modification of divorce or divorce.

With L. no. 55 of 6 May 2015, in force since 26 May 2015, the conditions for making the divorce application were changed:
twelve months after the appearance of the spouses before the president of the court in the personal separation procedure and six months in the case of consensual separation, even when the litigation has become consensual or from the date certified in the separation agreement reached as follows of a negotiating agreement assisted by a lawyer or the date of the act containing the separation agreement concluded with the civil status officer. The eventual interruption of the separation must be pleaded by the defendant. ».

Information and contacts:
Municipality of Bra State Civil Office
To request information and / or transmit acts,
by telephone to no. 0172 438242 (Monday to Friday from 8,30 to 13)
by sending an e-mail to anagrafe@comune.bra.cn.it

Lawyers who conclude an agreement must send the authentic copy of the same, provided by the Procurator's authorization or authorization, within 10 days from the date of notification to the parties to the Procurator's decision of the Republic or the President of the Tribunal by means of one of the following mode:

  • from PEC to PEC commonbra@postecert.it the agreement must be digitally signed by the lawyer
  • from PEC to ordinary e-mail: anagrafe @comune .bra.cn.it; the agreement must be digitally signed by the lawyer
  • recommended with return notice to: Bra Municipality - Separation and Divorce Office Civil Status, Via Barbacana 6 - 12042 Bra
  • hand delivery to the Bra Commune Protocol Office

Who cares

Lawyers

As
Competing agents are parties' attorneys.
There are two cases:

1) There are no minor children, children over 18 years of age with severe disabilities or children who are not self-sufficient.
Attorneys send the agreement concluded to the Prosecutor of the Republic that:
when he does not see any irregularities, he / she will notify the clearance
when it finds irregularities, it declares the denial of authorization
With a special form, within 10 days, the lawyers must send the agreement, with the authorization, to the Separation and Divorce Office of:
registration of the civil marriage act
transcription of the marriage act celebrated with the concordant rite or other religious rites
transcription of the wedding celebrated abroad by two Italian citizens or by an Italian citizen and a foreign citizen
2) There are minor children, children over the age of severe disadvantaged persons or dependent children who are not self-sufficient.
Attorneys send the agreement concluded to the Prosecutor of the Republic that:
if you think it is in accordance with the children's interests, authorize it
if he does not consider it to be in accordance with the interests of his children, he shall forward it to the President of the Court of First Instance, who shall determine the appearance of the parties
With a special form, within 10 days the attorneys must pass the agreement, with the permission, to the Separation and Divorce Office of:
registration of the civil marriage act
transcription of the marriage act celebrated with the concordant rite or other religious rites
transcription of the wedding celebrated abroad by two Italian citizens or by an Italian citizen and a foreign citizen
The lawyer who violates the obligation to transmit within 10 days is sanctioned from 2.000 to 10.000 euro. It should be noted that according to paragraph 4 of the Circular of the Ministry of Interior 24 April 2015 no. 6 "to the broadcast is sufficient to provide only one of the attorneys who has assisted one of the spouses who authenticated the subscription"

AGREEMENT BETWEEN THE OFFICER OF THE CIVIL STATE

Article. 12 of Law no. 162 / 2014 provides, from 11 December 2014, the possibility for spouses or former spouses to appear before the Civil Registrar for the purpose of concluding a divorce, divorce or modification of the prior divorce or divorce agreement . In that case the assistance of the defense lawyers is optional.

This simplified method can be used when there are no minor children, incapable children of age or severely disabled people (pursuant to article 3, paragraph 3, of law no. 5), or economically not self-sufficient, and on condition that the agreement does not contain asset transfer agreements. It will also be possible to establish or not establish a maintenance allowance and the methods of disbursement thereof in the case of consensual separations and a divorce allowance in the event of termination of civil effects or dissolution of the marriage.

With L. no. 55 of 6 May 2015, in force since 26 May 2015, the conditions for making the divorce application were changed:
twelve months after the appearance of spouses before the president of the court in the personal separation procedure and six months in the case of consensual separation, even when the litigation has become consensual or from the date of the act containing the separation agreement concluded before the Civil Status Officer. The eventual interruption of the separation must be pleaded by the defendant. ».

Information and contacts:

Municipality of Bra State Civil Office
To request information
by telephone to no. 0172 438242 (Monday to Friday from 8,30 to 13)
by sending an e-mail to anagrafe@comune.bra.cn.it
The receipt of the declarations can be booked for Thursday after filling in the specific request form.

Who cares
Spouses who want to divorce consensually or seek joint divorce or change divorce terms or former spouses who want to change divorce terms

As
Competent to receive the agreement is the Municipality of:

  • registration of the civil marriage act (place where it was celebrated)
  • transcription of the marriage act celebrated with the concordat rite or other religious rituals or celebrated abroad by two Italian citizens or by an Italian citizen and a foreign citizen
  • residence of at least one of the spouses

It is necessary to book the first appointment by filling in a special request form
On the agreed day, generally on Thursday afternoon, the registrar receives a substitute certification declaration from each party (see attached forms), on the basis of which he draws up the civil status document, which must be signed by all appearing.

Then he sets a new appointment, not before 30 days from the first statement, in order to further consider the decision to divorce or divorce
At the date of the second appointment, the two spouses or former spouses appear to confirm the agreement. Failure to appear, without any justified reason, is valid as waiver and failure to confirm separation or divorce.

At the first agreement, the fixed fee of Euro 16,00 must be paid, with payment to the Bureau of Economics of the City of Bra - 2 ° floor

It should be noted that since these are substitutive declarations of certification or deed of notoriety, producing legal effects, the Office will carry out checks on the truthfulness of the facts, states and personal qualities included in 100% of the declarations submitted.

attachments:
Download this file (1 Transmission Module Negoziaz assisted.pdf)1 Transmission Module Negoziaz assisted.pdf[Agreement Transmission Module.]0 kB
Download this file (2 Appointment Request Form.pdf)2 Appointment Form Request.pdf[Appointment Request Form.]0 kB
Download this file (3 Declaration Substitute for Consensus Part .docx)3 Declaration no. by consensus .docx[Consensual Separation Statement]0 kB
Download this file (4 Declaration of Absence for Termination of Request.docx)4 Declaration of Absence for Cessation_Seconds.docx[Declaration of substitution for termination of dissolution.]0 kB
Download this file (5 Statement Declaring for Conditions.docx)5 Declaration no. for modifying conditions.docx[Substitute Statement Modifies Conditions]0 kB
Download this file (6 Declaration of Ethics for Conditions and Children.docx)6 Declaration no. for conditions and children.docx[Declaration of substitution for economic conditions children]0 kB