SEPARATION & DIVORCE

LA SEPARAZIONE PERSONALE DEI CONIUGI & IL DIVORZIO

Personal separation of spouses.

Things?

It's a temporary situation which does not affect the marital bond, but it involves the suspension of some effects of the marriage, such as the obligation of loyalty, of cohabitation, of collaboration and contribution (the latter replaced, where the legal requirements exist from’maintenance obligation), awaiting reconciliation or the definitive dissolution of the marriage (Divorce).

Types.

The personal separation it can only be requested by spouses – jointly or separately – and it can be:

  1. in fact: I coniugi yes they separate at home without requesting the intervention of the Judge who pronounces the personal separation between the spouses. It deals with, so, of a “de facto” separation not capable of producing any legal effect;
  2. consensual: the spouses decide to separate reaching a agreement, which will constitute the content of joint appeal, in which they will establish who will own the family home, who will be entrusted with the children and whether one spouse will have to pay maintenance to the other. In order for this agreement to be effective, the Court will have to approve it, after attempting conciliation between the spouses;
  3. judicial: the single spouse, believing that coexistence has become intolerable o the education of the children may be compromised he asks, with appeal, the break up.

The personal separation of the spouses is pronounced by Court of the place of residence of the defendant spouse with a sentence that can be awarded to the spouse, who is not responsible for the separation (that is, he is not responsible for the separation) and who does not have adequate income of his own, the right to receive the maintenance from the other spouse. In case of separation with charge, Instead, only one is recognized right to food.

At the first hearing, il President of the Court attempts personal conciliation between the parties e, where necessary, adopts urgent measures relating to children (establishing to whom of the spouses they will be entrusted), the assignment of the family home and the economic relations between the spouses.

Divorce.

Things?

Il Divorce carries the definitive dissolution of the marital bond and is pronounced, with sentence, when the Court of the place of residence of the defendant spouse establishes that spiritual and material communion between spouses cannot be maintained or reconstituted.

It is distinguished from personal separation which, Instead, ceases after reconciliation of the spouses.

With the Divorce all marital duties cease. The former spouses regain their free marital status (then they can remarry), each spouse loses inheritance rights towards the other. The spouse who does not have sufficient income e, objectively, can't get them can get a divorce allowance.

When can you get divorced??

After personal separation, provided that it has continued uninterruptedly for at least 12 months from the appearance of the spouses before the President of the Court or 6 months in the case of consensual separation (short divorce) or from the date of the separation agreement reached during assisted negotiation or before the civil registrar.

Types.

Il divorce can be:

  1. joint: i coniugi – who are in agreement – they decide to divorce by reaching a agreement, which will constitute the content of the joint appeal, in which they establish the conditions inherent to offspring and economic relations between them, come, for example, the disbursement of a sum in favor of one of them (divorce allowance);
  2. judicial: the single spouse – even without the participation of the other – he requests with an appeal that the divorce be granted, with the consequent conditions inherent to offspring and economic conditions.

Il Court of the place of residence of the defendant spouse pronounce the Divorce with sentence, if it ascertains the existence of the legal conditions (absence of communion between the spouses and existence of one of the causes ex art. 4 l. 898/1970) and orders the civil registry officer of the place where the marriage was registered to proceed with the procedure’annotation of the sentence.

At the first hearing, il President of the Court attempts personal conciliation between the parties e, where necessary, adopts urgent measures relating to children (establishing to whom of the spouses they will be mainly entrusted and placed) the assignment of the family home and the economic relations between the spouses.

The dissolution of the legal community.

The law on the so-called. “short divorce” has introduced a significant innovation with regard to the dissolution of the legal community following the personal separation of the spouses. Before the reform, the legal community was dissolved with the passing of the sentence or decree approving the judicial separation.

Following the reform, in the case of personal separation, the communion between spouses is dissolved when the President of the Court authorizes the spouses to live separately, or on the date of signing the verbal process of consensual separation of the spouses before the President, provided that it is subsequently approved.

Modification of the conditions of separation or divorce.

If the personal and economic conditions present at the time of separation or divorce are affected changes, with appeal, of one or both spouses, it is possible to ask the Court to modify these conditions.

For it to be granted they must be new factual or legal circumstances arise compared to those existing at the time of separation or divorce, come, for example, the loss of a job by one of the spouses, an increase in income for one of the spouses, new needs of the children, etc.

Contact us for info & requests ...