gave Civil unions They represent a type of cohabitation, an alternative in a way marriage. Like the latter, they are based on emotional and economic bonds, and today the law recognizes them in many ways as legal and protective as a traditional union in a church or municipality.
Just think for example. For the results of Dissolution of civil union. As for couples married with civil effects in a civil or religious marriage, in fact,Maintenance Allowancebut not always.
Recently A court of law Provided useful explanations in this regard and with –Ordinance No. 24930 – Indirectly it also helps all couples who are civilly united, having doubts about the rights at stake immediately after the end of the relationship.
Let’s find out when, if ever. The civil union is over.the monthly contribution is due and when it is not possible to claim it.
Maintenance allowance for civil unions, Cirinnà law on this point
gave Law No. 76 of 2016 –o Cirinnà reads. – Contains an important provision in Art. 1 Paragraph 25. In this, in fact, the legislature – recalling the provisions of the famous Divorce Act of 1970 –Maintenance allowance for civil unions provided in case of Divorce (which may be fast today), but beware: With the aforementioned decision a few weeks ago, the Supreme Court also took the opportunity to clarify that:
- In most casesDuty of care weight on one of the components ofFormer civil unionCannot be considered automatic.
- This liability should certainly be evaluated in relation to Economic condition of both parties.
The Court therefore emphasized that post-civil union maintenance cannot ignore a balanced and accurate assessment of the economic context in which the former partners find themselves. In fact, the ordinance states that:
In the case of civil unions […] Recognition of maintenance allowance in favor of ex-partner, who should be assigned welfare and equally remunerated and equivalent work; […] is neededAssessment of inadequacy of former partner’s means Moment, and ofImpossibility of obtaining them due to objective reasons.
That’s not it. Decisions about the actual resources available should be made based, in particular, on Comparative assessment of the economic and financial conditions of the partiesEven taking into account:
Of Partnership Provided by the applicant to Family life And for training Common heritageas well as in relation to the personal one of each of the ex-spouses Duration of marriage.
In other words, the obligation to pay maintenance is not an inevitable consequence for every ex-partner, but an expression of it. Principle of solidarity which supports emotional relationships, consistent with the importance of individual economic responsibility.
It is essential to maintain economic imbalances.
What has just been said is based on a comprehensive jurisprudential orientation, according to whichMaintenance Allowance Specifically given:
- In the case of one Objective economic disequilibrium between former partners of a civil union (eg marriage);
- If the economic hardship is directly related to preventing the union.
This is not a coincidence. CassationIn the above Ordinance, expressly recallsArt Law No. 5 898/1970 But DivorceStating that maintenance should guarantee an adequate standard of living only if one of the partners is in a position of marked economic disparity compared to the other. In fact, the article says:
With the sentence of annulment or annulment of the civil effects of marriage, the court […] Provides for the obligation of one spouse to provide an allowance to the other from time to time when the latter does not have adequate means or in any case cannot obtain them for objective reasons.
Whereas if both parties find themselves in a precarious position in their economic circumstances (or have equivalent economic circumstances), the jurisprudence has made it clear that – in the face of solidarity – the duty of care may be extinguished or on those persons. cannot be imposed on those who do not do so in return. It’s worth it Economically self-sufficient.
In other words, if both parties are not self-supporting, the legislature does not require the payment of an allowance, since the latter should not be considered as a mere form of income or compensation for the termination of the marriage or union. . These results have been reached in the past as well. Cassation11504 of 2017 with Joomla no.
What changes?
L’Ordinance No. 24930 of the Court of Cassation It follows the path already explored, but makes it more clear to judges how to behave in the case of applications. Maintenance Allowance After the dissolution of the civil union. This check is often the source of court disputes, as we have seen recently, for example. Regarding part-time or child termination.
Magistrates have to pay maximum attention to the concrete circumstances and economic circumstances of each individual case, without being able to automatically impose an obligation of allowance which is unfair to either of the two members of the former. And the penalty may prove excessive. Union
But for citizens, too, such announcements help better understand what one’s consequences might be. The civil union is over. and to be informed in advance of the results of their requests or requests.
Clarifications on the difference between civil union and marriage
Above we have seen what results in the event of dissolution of a civil union and explained when the right to maintenance allowance arises. It is also worth remembering that in ItalyCivil Union:
- It consists of an emotional and economic union between adults and can be contracted between people of the same sex;
- It is specifically designed to recognize same-sex couples, giving them most of the rights and duties of marriage.
Whereas, for different-sex couples, the law – as it is known – provides. marriagebe it civil or religious with civil effects, as the sole institution of formalizing the union. The aforementioned Cirinnà Law of 2016 regulates these unions.
As the website explains. Ministry of Justicea civil union is established by an ad hoc declaration before the civil status officer of the municipality and in the presence of two witnesses. The officer then proceeds with registration in the Civil Status Archive (Act 76 of 2016).
