International Divorce Lawyer Rome Milan Italy | child custody
The separation of the spouses may be consensual or judicial. Decide for a consensual separation is for sure the fastest and most economical way to put an end to the marital union. This is an agreement between the spouses that is written in a special act (action) before the competent Court. The agreement of the spouses is enshrined in an application (called request for consensual separation), which must be singled out the conditions under which the couple plan to separate. We refer specifically to intended allocation of the marital home, child custody, and rules of the housing of the same ratio, the sum to be given periodically eventually to the weaker spouse. For separation by mutual consent some courts allow the parties to continue personally without the aid of a lawyer.
But usually, we resort to a lawyer. The couple will have a lawyer that decides to take support from a single lawyer who must fill out an application placing itself in a position of impartiality and equidistance in order not to favor any of his spouses. It’s important to note, if the negotiations for an action for separation by mutual agreement fail, the lawyer who has followed both spouses will have to abandon the mandate in respect of both. The action for separation by mutual agreement is signed by both spouses, and must be filed with the Court suitable for entry to the role.
Spouses can advance practices for consensual separation even in the absence of support and assistance of the lawyer. Only then filed an action for separation by mutual agreement, shall be developed and created the folder office and the President of the Court fixed by decree of the court where the spouses must appear in person (usually takes three/four months after the submission of the application). In the course of such hearing must groped the reconciliation of the spouses, the success of which is a very rare event. Should this hypothesis would be prepared a report of understanding in which this will be reported.
The hypothesis most assiduous instead is one in which the parties confirm their intention to separate the conditions of the application. The Court performs a check of coincidence between what is claimed in the application and the regulations in force, paying special attention and care aspect of custody and child support. This is the C.D. uniformity, that’s assessment of the conformity of the law of separation agreements, is a procedure that is fixed office and pin the last phase of consensual separation, giving full power to separation agreements.
Where the agreement of the spouses in relation to the custody and maintenance of children is at odds with the interests of these, the court refers the couple giving them the corrections to be taken in the interests of children and, in the case of unsuitable solution, the state may refuse validation.