Wednesday, March 18, 2015

The Senate approved the divorce short but not ‘flash’ – Il Sole 24 Ore

12.14 – The House of the Senate approved the draft bill on divorce short. Yes I have been 228, the 11:11 no abstentions. The text, which is back before the House, reduces minimum separation before you can apply for divorce: to six months if the spouses make a choice consensual, one year if it is a judicial goodbye. Yesterday was carved the norm which included the so-called divorce directly, ie, without separation.

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09.15 – Nothing to Do in Italy can not be divorced very quickly without going through the separation even if both partners agree. At least for now. The House of the Senate has in fact written off yesterday afternoon the rule which the predicted and now will follow its own path independently in a separate draft bill to which the Democratic Party, for voice of President Luigi Zanda, guaranteed absolute support.

The Senate, meanwhile, will now have the last word on the rest of the bill (which was scheduled for yesterday), for the continuation of the explanations of vote. If approved the measure will pass third reading in the House. The Democratic Party has preferred to cash in on the consensus on divorce law short rather than going to the clash, announced, not only with Ncd but also with the Catholic party inside. Aimed short to bring home a result however, and that is shorter for divorce. The bill in fact reduces the separation from the current three years to twelve months, up to 6 months in case of consensual.

On the other hand, as has been said here, the immediate divorce affects a small number of People saw that to get not only the request must be consensual, but there must be no minor children, or older with severe disabilities or dependents from a financial point of view.

So to get the approval of the bill, the rapporteur Rossana Filippin was forced, after the meeting of the group, to put to the vote the deletion of the provision that it provided. “I did it – said Filippin – to quickly get the most important result is that the reduction of the time for a divorce.” In the House the words of the president of the Democratic Party, Luigi Zanda have appealed to political unity: “We do not put at risk – he said – a law that many Italians are waiting.” M5s and Sel have voted against the proposed excerpt. Pd, Ncd, UDC, Fi in favor.
Although there have been positions on a personal basis as those of Senator for life Elena Cattaneo, announcing his vote against, said no to any “interference by the State” and the senator’s Gal Lucio Barani who accused the rapporteur of “lack of courage” saying that “Italians do not want shyster, neither cumbersome laws”. Senator Area Popolare Maurizio Sacconi, who recalled how the marriage is protected by the Constitution, warned that the Democratic Party is ready to do Ncd opposition if you “want to tear the Italian company with a law that leads approval institution of marriage including adoptions and public provisions, starting with civil unions. ” Meanwhile, Maurizio Gasparri called Forza Italy to a debate on civil unions. In short, that the so-called ethical issues, it would seem only a political battle with the first moves.

THE BILL APPROVED

Art. 1 .
1. The second paragraph of the letter b) of the number 2) of Article 3 of the Law of 1 December 1970, n. 898, as amended, the words “three years as from the appearance of the couple took place before the president of the court in the procedure of separation even when the contentious trial has turned into consensual ‘is replaced by the following:” twelve months after ‘occurred appearance of the spouses before the president of the court in the process of separation and of six months in the case of separation by mutual consent, even when the contentious trial has turned into consensual. “

2. written off

Art. 2.
1. Article 191 of the Civil Code, after the first paragraph is inserted as follows: “In the case of separation, the communion between spouses melts when the president of the court authorizing the spouses to live apart, or on the date of signing of the minutes of separation by mutual consent of the spouses before the President, provided approved. The order in which the spouses are allowed to live apart is communicated to the registrar of record for the dissolution of the communion. “

Art. 3.
1. The provisions of Articles 1 and 2 shall apply to proceedings pending at the date of entry into force of this law, even in cases where the separation process that constitutes the prerequisite appears still pending on the same date.

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