Separations and divorces
When you intend to start a practice for marital separation, it is a good idea to keep in mind the multiple implications of personal and patrimonial nature that should be addressed.
If the couple has children, it will be necessary to provide for their custody regime and placement, regulate relations with both parents and establish the amount of the contribution for the child support. Measures that shall have to privilege the minors’ interests, so that the burden of separation does not fall on the children in a traumatic way.
In relations between the spouses, it will be necessary to define the patrimonial issues through the assignment of the marital home, the determination of the spousal support for the economically weaker spouse and the possible division of common assets.
On all the issues indicated, it is possible to reach an agreement that satisfies both parties to reach a consensual separation, through an out-of-court negotiation in which the Dionisio Law Firm makes available the many years of experience of its professionals.
If an agreement is not reached, it will be necessary to proceed with judicial separation.
For this reason, it is essential to rely on those who are able to better manage every aspect in the field of marriage separations, providing legal advice of a high level of professionalism and experience.
The end of a marriage is always a very delicate moment for spouses who are about to permanently interrupt their life together. The choice to divorce is a decision with huge implications both from an emotional and psychological point of view, as well as from an economic one.
To deal with such a delicate choice, it is essential to rely on a divorce lawyer able to assist you in every aspect of the matter from the very beginning.
Divorce, like separation, can also be a joint decision – with significant savings in time and costs – or can be dealt with in judicial form, depending on whether it is possible to reach a satisfactory agreement for both spouses already before starting the case or during the same.
The divorce pronouncement, which will produce the definitive dissolution of the marriage (if celebrated in a non-religious form) or the cessation of its civil effects (if celebrated in the Church), will have to take a position both on the placement of the children and on the relationships with the parents and the economic issues: maintenance of the offspring and possible divorce allowance in favor of the economically not self-sufficient spouse.
Other important aspects of economic ultra-activity are also linked to the possible grant of a divorce allowance, such as the right to receive a survivor’s pension and the right to a portion of the ex-spouse’s severance pay.
The Dionisio Law Firm Professional Association of Turin provides divorce lawyers especially versed in marriage law, to allow you to better deal with your divorce case, right from its very beginning.
As of May 26, 2015, came into force the so-called “quick divorce”.
After 40 years, the rule allowing divorce proceedings to begin only three years after the spouses were allowed to live apart was definitively changed.
Today, regardless of whether or not there are children, if the separation took place by consensus, a divorce can be requested after six months. If the separation was judicial, it will take a year.
The term of six months or one year starts from the appearance – in the separation judgment – of the spouses before the President.
The new rule also applies to proceedings already underway at the entry into force of the law.
The new law also modifies the deadline for the dissolution of the community of assets between the spouses.
It will dissolve from the time when the President of the Court, at the first appearance of the parties, authorizes the spouses to live apart. Previously, however, the communion of assets between the spouses was dissolved only with the separation sentence.
As of December 2014, the assisted negotiation procedure entered into force.
This procedure offers the possibility for the spouses to separate or divorce by finding a consensual agreement, without substantially going to the Court.
The procedure is applicable both in the presence and absence of children and the assistance and representation by a lawyer is required.
In the event that there are no children, the agreement reached, signed and authenticated by the lawyers of the parties, is subject to scrutiny by the Public Prosecutor at the competent Court, which provides the authorization; the agreement is then transmitted to the Civil Status Officer, who provides for the subsequent necessary formalities.
If there are children, the Public Prosecutor authorizes the agreement, only if it is in the interests of the children.
Assisted negotiation allows for a significant acceleration of time, but extensive collaboration on the part of the spouses is required and an almost absence of conflict between them.
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