Questione giuridica chiave
Whether spouses living separately de facto are still part of the same family group under Art. 11(2) RAEF.
Decisione estratta
Yes. A de facto separation, even if lasting for years and confirmed by protective-measures proceedings, is not equivalent to legal separation of body or divorce; the spouses remain in the same family group.
Motivazione estratta
The clear wording of the statute makes the respondent and his or her spouse members of the same family group unless there is a legal separation of body. A mere factual separation, even when reflected in a judgment on protective measures of the marital union, does not satisfy that requirement.