Giuseppe Federici Study Center – For a new onset
Press release no. 29/19 of the 2 April 2019, Saint Francis of Paola
The first contentious divorce in the Italian republic of a non-marriage between two women.
The maintenance allowance for the first “contentious divorce” of a homosexual couple
Until a few days ago, Italian civil unions had been dissolved by mutual consent. Meaning what, no disputes.
But it happened that two women in a civil union did not reach a consensual agreement and the economically stronger one asked for a judicial divorce, ended with a historic ruling.
The protagonists are two women who had already lived together permanently since 2013 and that they had only been able to perfect their bond in 2016, thanks to the Cirinnà Law on civil unions. Legislation that essentially equates this institution to marriage, but it allows immediate access to divorce without going through the separation phase.
In Italy the procedure for dissolving a civil union is in fact very simple: just go to the civil registry officer of your municipality and communicate that the couple no longer intends to be together; after three months, we move directly to divorce.
Until a few days ago, Italian civil unions had been dissolved by mutual consent. Meaning what, no disputes. But it happened that two women in a civil union did not reach a consensual agreement and the economically stronger one asked for a judicial divorce, ended with a historic ruling.
The Court of Pordenone established that the economically stronger spouse must pay a maintenance allowance of 350 euros per month to the weakest one, a sum that will increase if the more fragile woman decides to leave the house they lived in together.
The Judge of Pordenone thus justified the sentence: the weaker spouse had left their city of origin and a more remunerative job to move to Pordenone and be together with their partner/wife, with which he had renovated and furnished a property that had become the family home; the two women had lived together for some years.
After all, if there is no obligation of fidelity for civilly united couples, instead, there is a mutual obligation to provide moral and material assistance and cohabitation. Both parties are therefore required, each in relation to their substances and their ability to work professionally and at home, to contribute to common needs.
So, equalization of civilly united couples with married couples even in the phase of dissolution of the bond.
source – http://www.centrostudifederici.org/cuori-infranti/
