Separation and divorce: there is a law to speed it up… but there is a lack of personnel

Fiorenza Sarzanini (photo by Carlo Furgeri Gilbert).

Sanyway 45 days for a consensual separationa maximum of 14 months for the judicial one which could even be reduced to five if the judge decides not to order particular investigations.

This is the objective of the reform signed by the former Justice Minister Marta Cartabia. A fundamental goal for many couples who decide to break up and remain imprisoned in a relationship only for a series of obligations that could be avoided.

A goal which, however, does not currently appear achievable. The reason is explained by the lawyer Gian Ettore Gassani, president of theItalian marriage lawyers association: «Unfortunately, not all courts are equipped like large courtsthose in the provinces and on the border are often in trouble due to the great lack of men and investments. The process concerning family law is becoming more than rapid and often sacrifices the preliminary investigation phase and therefore attributes out-of-control powers to the judge.”

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The numbers explain what the situation is. And it is precisely theDo you love to provide them: «Every year there are approximately 84 thousand separations and 50 thousand divorces. That’s a significant workload for the justice system considering 2,500 magistrates are missing, at least 1,500 of which are in the civil sector alone which should be allocated to family law. To this we must add the lack of staff because the gaps in the workforce concern as many as 4-5 thousand chancellors and chancellery secretaries and Such figures are enough to understand the enormous organizational problem. That’s why the law doesn’t work.”

As often happens in other sectors, there are regions that are more penalized. The investigation carried out by the Association’s specialists demonstrates, Gassani makes it clear, that «in courts where there are specialized sections such as Rome, Milan and Turin the problem is less evident but it is enough to go to the provincial ones to realize that even the minimum tools for adequate results are missing.”

Perhaps it would be enough to think that justice is not a sector to be mortified, but rather to be supported precisely because in this way citizens are helped to solve the problems that mark everyone’s life.

All articles by Fiorenza Sarzanini

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