Divorce Law in Italy | child custody | Family Lawyer
According to the Article 150 of the Civil Code, the separation of the spouses may be made in two different ways, either by consensus and in the courts. Choose a consensual separation is definitely the fastest and cheapest way to put an end to the marriage relationship. The Agreement is entered into between the couple revealed in a special act (action) before the competent Court.
The Understanding of the spouses is enshrined in an appeal where there will be filed carefully the conditions under which the couple plan to separate. We refer in particular to the agreement on the allocation of the marital home, child custody, and support on how to report the same, the amount to be paid periodically rather the weaker spouse.
The application is signed by both spouses, and must be filed with the Court suitable for recording the role. The spouses may continue in various practices for consensual separation without the support and help of the lawyer. Once the appeal is filed, shall be developed and created the office file and the President of the Court shall establish by decree the hearing at which the spouses must appear in person (usually with three/four months after the proposal of the application). During the course of this hearing must also try an attempt of reconciliation of the spouses, the success of which can be very difficult. If it should happen that situation, would be prepared verbal agreement that this will be transcribed.
The most usual case is the one where instead, the parties reaffirm their wish to separate the conditions in which they had previously transcribed, The Court applies a control congruence between what is claimed in the application and the current legislation, giving specific attention and care to aspect of trust and maintaining the offspring. This is the C.D. validation, i.e. checking the coincidence and tolerability of sharing agreements with the law, it is a process that starts and office marks the last stage of separation by mutual consent, giving full force to separation agreements.
At a time when 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 applied in the interest of the children and, if could not be resolved, denying the state validation. With regard to the timing for a consensual separation (i.e. the time between the filing of the application and the approval of the Court) is about 3-7 months, and is much longer than for a judicial separation type. In addition, in the case of judicial separation time may be further extended to any application or appeal in cassation.
Once three years have passed since the day of the appearance of the spouses before the President of the Court, you can start the procedures to get a divorce. Even in this case the choice of divorce joint, decreases abundantly procedure time. The separation of such proceedings may be required, when shall ensure that, even independently of the will of one or both spouses, facts making it unacceptable continuation of cohabitation or serious injury to make the education of children.