Law Italy | Divorce Attorneys Rome Milan | Family Lawyers
The decision of consensual separation is certainly a faster way and that means less economic difficulties especially to put an end to the marital union. This is based primarily on the understanding of the spouses which is expressed before the Court.
The time it takes to negotiate a consensual separation (i.e. the time between the filing of the application and the approval of the Court) varies between 3 to 5 months, compared with a period of time definitely longer (2-3 years) to achieve a separation of judicial type. In addition, in the event of a division court time may be further extended by including hypothetical appeal or appeal in cassation. Passed three years from the date of separation you can start the procedure to obtain a divorce. In this case, the decision of divorce joint narrows plenty of time and the cost of practice.
The cause of consensual separation (and also that of joint divorce), starts with the presentation of an appeal to the Court of the place of residence or domicile of either spouse. Once filed the appeal, the dossier is prepared and composed of office and the President of the Court fixed by decree of the court where the spouses must appear in person (This happens about three/four months after the submission of the application).
In the course of such hearing shall be completed proof of reconciliation of the spouses, the achievement of which is an enormously rare case. In the aforementioned hypothesis it would be prepared a conciliation report in which it would be written that will. The hypothesis is however more usual one in which the parties confirm their intention to separate the conditions of the application.
The Court performs a supervisory analogy between what asked in the application and the valid legislation on the subject, placing special attention and care aspect of custody and child support. This is the C.D. validation, that is control over harmony and compatibility of separation agreements with the law, it is a method that is established in the office and marks the last stage of separation by mutual consent, giving full force to separation agreements. In case of a discrepancy of separation by mutual consent, the court implies the court to start a fight.
Special features of legal separation is the possibility of the separation of the charge to one of the spouses. It’s possible that one of the spouses specifically ask the Court to declare the other spouse as the sole responsible for the failure of marriage. Article no. 151 of the Civil Code provides that "the judge announced, where they satisfy the circumstances and it is required, in which the separation of the spouses is chargeable in the estimate of its attitude contrary to the duties arising from the marriage." There are several attitudes and facts that can bear the charge separation.