Divorce without separation: and, behold, when possible, and cases in which there is the obligation of separation. In Italy, the practice of divorce was introduced with the law n° of, also called “the Law Fortuna-Baslini”Before this law the only case in which it was expected the dissolution of the marriage was the death of one of the spouses. Since then there have been many couples that after a period of separation, have broken their marriage with divorce (compared to it went from, to). Still today, however, the legal framework around divorce is in continuous evolution, and is therefore not simple to know all the principles that govern this practice. For example, one of the doubts in regard to the duty of separation for the divorce. In fact, some couples still do not know whether to get divorced, it is mandatory that before there was a period of separation or not. To clarify the issue, we have chosen to write a guide in which we list the cases in which it is compulsory for the separation to request the divorce and when it is not required. For conjugal separation is a temporary situation during which a husband and wife, while maintaining the quality of the spouses, are less to the duties of cohabitation and fidelity flow from marriage. For divorce, instead, refers to the definitive dissolution of the marriage bond, which must be pronounced, or by a Court of competent jurisdiction, or may be the effect of an agreement reached through a negotiation between spouses in which it is mandatory that you have ever witnessed a lawyer. What is the link between these two institutions In general, in order to apply for divorce it is mandatory that before there was a separation. In fact, before pronouncing the judgment of divorce, the Court must ensure that there is at least one of the conditions provided for by law, and one of these is the legal separation. So, except in cases where there is the existence of one of the other assumptions, it is mandatory that the Judge checks that the couple be separated legally for the period established by law: These terms were introduced by the divorce Act brief of may, before, in fact, to ask for the divorce, was the required a separation period of at least three years.
For all the information on how to change the rules on divorce with the introduction of this new law you can read: Divorce short, here's what changes with the new law.
As we have just seen, before pronouncing of the judgment of divorce, the Judge must check the the existence of one of the conditions provided for by law.
