Analysis of Judgment Cass. civ., Section VI - 1, Ord., no. 20323 of 2019: Divorce and Reconciliation

The recent ordinance of the Court of Cassation no. 20323 of 2019 offers an important reflection on the issue of reconciliation in the context of divorce. The judgment, issued on July 26, 2019, focuses on the need to provide concrete evidence of reconciliation between spouses and the applicability of procedural rules regarding divorce.

The Legal Context

The case in question concerns O.M.L., who appealed a judgment of the Court of Appeal of Bari, with the main argument being an alleged violation of the right to defense. The Court held that, in divorce proceedings, Articles 183 and 190 of the Code of Civil Procedure do not apply, but rather the special legislation of Law 898/1970, which governs divorce procedures in an accelerated manner. This aspect is crucial, as it highlights how the legislator intended to avoid dilatory conduct and ensure a swift resolution of disputes concerning marital status.

Proof of Reconciliation

Another significant point raised by the judgment concerns the proof of reconciliation. The Court established that mere cohabitation or sporadic meetings are not sufficient to demonstrate a genuine resumption of marital life. Clear and incontrovertible evidence must be provided to attest to an effective restoration of the community of life and intentions. In this context, the Court referred to established case law, emphasizing that the burden of proof lies with the party requesting the ascertainment of reconciliation.

The Court reiterated that the failure to grant deadlines for the filing of concluding briefs does not, in itself, justify a violation of the right to defense, unless prejudice resulting from such omission is demonstrated.

Practical Implications and Conclusions

This judgment highlights the importance of adequate preparation of evidence in matters of reconciliation and divorce. Spouses who wish to demonstrate a resumption of the relationship must be aware of the need to provide significant and concrete elements. The Court of Cassation, confirming the decision of the Court of Appeal, clarified that the procedural rules in divorce aim to ensure speed and clarity, avoiding ambiguous or generic interpretations. Judgment no. 20323 of 2019 therefore represents an important reference point for all lawyers and family law professionals, emphasizing the need for a rigorous approach in managing evidence during divorce proceedings.

Conclusions

In summary, the ordinance of the Court of Cassation offers food for thought on the delicate balance between the right to defense and the need to accelerate divorce proceedings. The parties involved must be prepared to present concrete and verifiable evidence to support their positions, avoiding generic claims of reconciliation. This judgment reminds us of the importance of an informed and strategic approach in family law proceedings.