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Divorce and custody of children in Italy

The spouse who will be entrusted with the custody of children has the sole responsibility of the authorities on them, but all the decisions of most interest to children are addressed and decided by both spouses. The spouse whose children have not been assigned by the court obviously has the right and duty to manage aspects of their training and education and can constantly going to court, if he considers that prejudicial conclusions to their interest have been taken. The judge in the provision specifies the judgment, will also relate to attribution of the family home that it will be of preference to the spouse with custody of the children.

With regard to the protection and maintenance of the weaker spouse, is the saying of the art. 156 of the Civil Code, as replaced by Law 151/1975 states that: "The judge, pronouncing the separation provides the benefit of the spouse which is not chargeable separation, the other spouse is entitled to receive what is necessary for its maintenance, if he has not adjusted its income. " The maintenance of a spouse occurs when there is a situation of a dispute between the spouses and consequence, i.e. the separation. The spouse to whom is attributed the failure of the marriage relationship, has no right to obtain from the economically stronger spouse the sums necessary to enable him to support the same standard of life he led during the marriage.

When you do not have the right to maintain, however, this does not affect any right to food which is always entitled the spouse who is in a state of necessity, as defined in Articles 433 and following of the Civil Code. The way in which food will be paid is defined in terms of the income of the spouse obliged. The court of cassation defines, 1981 n. 6396: "The amount of maintenance in favor of the spouse which is not chargeable separation should be determined not only in relation to the income of the spouse obliged, but to all his possessions, including tangible assets unproductive of income, which , serve as a reference for determining the content of the obligation of each spouse to contribute to the needs of the family. "

As regards the spouses that are separated or in the course of separation law leaves the hypothesis of reconciliation between the two spouses. In fact, they only show appropriate interest, can be reconciled and stop the effects of the judgment of separation, without the mandatory intervention of the court, by an act or behavior that is contrary to unequivocally state separation.

The costs of a consensual separation are different but definitely lower than those of a judicial separation. Everything depends on the question (e.g., where there were large estates or particular issues that affect children, the issue will be considered as more complex, requiring a degree of assessment of longer time).

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