The possibility to accumulate judicial requests for separation and divorce in the same proceeding, introduced by the so called “Cartabia reform” and amplified by the Supreme Court in the decision which also admits it in the proceedings on a joint application ex art. 473 bis.51 c.p.c., compromises the very function of the personal separation of the spouses. The automatic conversion of separation into divorce that follows makes judicial separation meaningless: the possibility of the reconciliation between spouses, at the basis of the institution, is excluded by the legislator himself. It seems therefore reasonable to abolish the judicial separation and maintain the consensual separation in. . .
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