The evolution of the family concept and the anachronism of family legislation
In Italy the traditional family is no longer the only one; the reality of human and social relationships, also for the interaction with other cultures, has generated various forms of experiences, with the reduction of religious marriages and the increase of separations, of children born out of wedlock, of stable ties without conjugal relations , of unveiling of homosexual unions. The law has introduced new institutions (civil unions, cohabitation contracts, legal equality of all children, protection against domestic violence) and, as claimed by lawyer. Alfredo Guarino, “respecting the principles, family law must offer instruments that are suitable for the concrete needs of every citizen”.
The introduction of premarital agreements is desired by many. Why?
In this way (in France the spouses can choose between four asset regimes), it would be possible to regulate relations in advance, even by separation or divorce, avoiding laboriously trying to settle disputes when the marriage went into crisis and the the weight of recriminations hinders the definition of satisfactory solutions, accentuating conflict. An ad hoc law is therefore awaited.
A recent judgment of the Court of Cassation changed the calculation of the divorce allowance. Do you agree?
It seems preferable to relate the allowance to the period of effective cohabitation and to the real contribution to family life. Equally it should be for the severance pay, today devolved in the sole hypothesis of divorce in the fixed quota of 40%, equating dissimilar cases and considering the years in which the employment relationship coincided with the marriage. The calculation is thus completed including the whole phase of separation, since the marriage remains until the divorce is pronounced. In my opinion it is an unfair rule, which penalizes spouses who have obtained only personal separation (consensual or judicial), who are excluded and sometimes do not require divorce for religious convictions.
Does the modernization of family law require an adequately prepared lawyer?
The new challenges of the legal profession require lawyers with serious legal preparation and ability to listen to the needs of their clients. Moreover, faced with the intensification of family crises, which often result in criminal conduct, it is necessary to be able to graduate the instruments of civil and penal protection law; finally, international unions and transfers of residence abroad require knowledge of the legal consequences that may derive from family law and succession (sometimes with dramatic consequences for relations with minor children and for the loss of legitimate shares). in heredity).
For more info (www.alfredoguarinoavvocato.com) (alf.guar.leg.off@libero.it)
by Roberta Imbimbo
