The green light has arrived from the Supreme Court on the possibility of spouses submitting a cumulative joint application for separation and divorce.
The Supreme Court has in fact affirmed the principle according to which "in terms of family crisis, in the context of the procedure referred to in art. 473 bis 51 cpc, the appeal of the spouses proposed with a joint and cumulative request for separation and dissolution or termination is admissible. of the civil effects of marriage". The courts were therefore provided with precise indications given that some declared the joint application inadmissible.
According to the Forensic Congressional Body, this decision arouses "deep satisfaction for the timely intervention of the Court of Cassation which puts an end to the discrepancy in rulings on the merits by re-establishing a univocal criterion for the interpretation of art. 473 bis n.49 cpc".
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 congressional body hopes that the introduction of this faculty can conduct greater compliance with the guidelines on justice provided by the Pnrr".
(Unioneonline/ss)
