Analysis of Judgment No. 18843 of 2024: Side Agreements and Revision of Economic Conditions in Divorce

Judgment No. 18843 of July 10, 2024, by the Court of Cassation offers significant food for thought regarding "side agreements" and their consideration within the context of divorce economic conditions. This ruling is part of a legal debate of considerable importance, highlighting how the parties' intentions must be respected even during the revision of economic conditions.

The Regulatory and Legal Context

Law December 1, 1970, No. 898, which governs divorce in Italy, provides that economic conditions between ex-spouses can be modified over time, based on a changed financial situation. In particular, Article 9 establishes that such conditions can be reviewed, taking into account any agreements reached between the parties.

Side Agreements and the Ruling's Principle

"Side agreements" strictly connected to the divorce agreement - Necessity of consideration in the review of economic conditions - Existence - Case law. Agreements that, although contained in a supplementary pact contemporaneous with the joint divorce agreement, are strictly connected to it by the parties' will and do not concern inalienable rights or conflict with mandatory provisions, while they cannot be directly intervened upon by the judge, as they are an expression of the parties' free contractual determination, must be taken into consideration in the review of divorce economic conditions pursuant to art. 9 of Law No. 898 of 1970.

In this specific case, the Court quashed the decree of the Court of Appeal of Milan, which had not considered a private writing establishing an additional payment of €2,500.00 per month from one spouse to the other, in addition to the already fixed maintenance allowance. The Court affirmed that such agreements, although they cannot be directly intervened upon by the judge, must nevertheless be considered in the proceedings for modification of economic conditions.

Practical Implications of the Judgment

This judgment has important practical repercussions for spouses undergoing divorce and for the lawyers assisting them. It is crucial to consider the following aspects:

• Agreements stipulated between the parties, even if not formally included in the divorce order, can influence future decisions regarding maintenance obligations.
• It is advisable to draft clear and detailed agreements that explicitly state the intentions of both spouses, to avoid future interpretative disputes.
• In the event of a need to revise economic conditions, side agreements must be presented and substantiated so that the judge can consider them in their judgment.

In summary, judgment No. 18843 of 2024 represents an important step forward in the consideration of side agreements in the context of divorce, emphasizing the importance of the parties' will and the need to ensure their respect even during revision.

Conclusions

The Court of Cassation, with judgment No. 18843, clarifies that side agreements cannot be ignored in the context of the revision of divorce economic conditions. This jurisprudential trend represents an invitation to all legal professionals and to the spouses themselves to pay attention to the agreements stipulated during the divorce process, so that they can be adequately considered in the future.