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SEPARATION AND DIVORCE

 

The Law Decree n. 132/2014 converted into Law no. 162/2014 introduced new procedures for the consensual separation of spouses, for joint divorce and for the modification of the conditions of separation and divorce.

 

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)

 

The art. 6 of Law no. 162/2014 provides for the possibility, for spouses or former spouses, to resort to the negotiation agreement assisted by one or more lawyers for each party, in order to conclude a separation agreement, divorce or modification of the conditions of separation or of divorce.
Anyone interested in adopting this new procedure must contact a lawyer to verify the legal requirements and fulfill the required obligations.

The agreement reached is equivalent to the judicial measures that define the procedures for personal separation, for the cessation of civil effects or for the dissolution of marriage or for the modification of the conditions of separation 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 from the appearance of the spouses before the president of the court in the personal separation procedure and from six months in the case of consensual separation, even when the contentious judgment has become consensual or from the date certified in the separation agreement reached following negotiation agreement assisted by a lawyer or from the date of the deed containing the separation agreement concluded before the registrar. Any interruption of the separation must be raised by the defendant. ".

 

Information and contacts:
Municipality of Bra State Civil Office
To request information and / or transmit acts,
by phone at 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 an authentic copy of the same, with the authorization of the Public Prosecutor or the authorization, within 10 days from the date of communication to the parties of the provision of the Public Prosecutor or the President of the Court, by means of one of the following modality:

  • 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 no irregularities are identified, it communicates the authorization
when it detects irregularities it communicates the denial to the 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
A fine ranging from 10 to 2.000 euros is applicable to the lawyer who violates the obligation of transmission within 10.000 days. It should be noted that according to paragraph 4 of the circular of the Ministry of the Interior no. 24 "for the transmission it is sufficient that only one of the lawyers who assisted one of the spouses who authenticated the signature provides"

 

AGREEMENT BETWEEN THE OFFICER OF THE CIVIL STATE

The art. 12 of Law no. 162/2014 provides, starting from 11 December 2014, the possibility for spouses or former spouses to appear before the registrar to conclude an agreement of separation, divorce or modification of the previous conditions of separation or divorce . In this case, the assistance of the defense lawyers is optional.

This simplified method can be used when there are no minor children, incapable adult children or severely disabled people (pursuant to article 3, paragraph 3, of law no. 5), or economically not self-sufficient, and provided that the agreement does not contain asset transfer agreements. It will also be possible to establish or not to establish a maintenance allowance and the methods of disbursement of the same 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 from the appearance of the spouses before the president of the court in the legal separation procedure and from six months in the case of consensual separation, even when the contentious judgment has become consensual or from the date of the deed containing the separation agreement concluded before the registrar. Any interruption of the separation must be raised by the defendant. ".

 

Information and contacts:

Municipality of Bra State Civil Office
To request information
by phone at 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 completing 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 certificate (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 Thursday afternoon, the registrar receives from each party the substitutive declaration of certification (see attached forms), on the basis of which he draws up the civil status deed, 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 time of the first agreement, the fixed fee of € 16,00 must be paid, with payment at the Bursar Office of the Municipality of Bra - 2nd floor

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

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