Divorzio breve

Entra in vigore il 26.05.2015 la Legge 6 maggio 2015, n. 55 recante  “Disposizioni in materia di scioglimento o di cessazione degli effetti civili del matrimonio nonché di comunione tra i coniugi” pubblicata nella  G.U. n. 107 dell’11 maggio 2015.

Di seguito le nuove norme.

Art.1

  1. Al secondo capoverso della lettera b), del numero 2), dell’articolo 3 della legge 1° dicembre 1970, n.898, e successive modificazioni, le parole: “ tre anni a far tempo dalla avvenuta comparizione dei coniugi innanzi al presidente del tribunale nella procedura di separazione personale anche quando il giudizio contenzioso si sia trasformato in consensuale” sono sostituite dalle seguenti: “dodici mesi dall’avvenuta comparizione dei coniugi innanzi al presidente del tribunale nella procedura di separazione personale e da sei mesi nel caso di separazione consensuale, anche quando il giudizio contenzioso si sia trasformato in consensuale”.

Art.2

  1. All’articolo 191 del codice civile, dopo il primo comma è inserito il seguente: “Nel caso di separazione personale, la comunione tra i coniugi si scioglie nel momento in cui il presidente del tribunale autorizza i coniugi a vivere separati, ovvero alla data di sottoscrizione del processo verbale di separazione consensuale dei coniugi dinanzi al presidente, purché omologato. L’ordinanza con la quale i coniugi sono autorizzati a vivere separati è comunicata all’ufficiale dello stato civile ai fini dell’annotazione dello scioglimento della comunione”.

Art.3

  1. Le disposizioni di cui agli articoli 1 e 2 si applicano ai procedimenti in corso alla data di entrata in vigore della presente legge, anche nei casi in cui il procedimento di separazione che ne costituisce il presupposto risulti ancora pendente alla medesima data.

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