Family Law Firm Italy | Italian Divorce Lawyer: Rome Milan
In judicial separation will be the judge to have the verdict, even with regard to the allocation of the family home that will compete in preference to the spouse who has custody of the children. Instead, with regard to the maintenance of the weaker spouse, Article. 156 of the Civil Code stipulates that: "The judge, pronouncing the separation provides the benefit of the spouse which is not chargeable of the separation, the other spouse is entitled to receive what is necessary for his maintenance, if he has not adjusted its income".
That is, the spouse who is given responsibility for the defeat of the marital relationship, has no right to have the part of the spouse financially stronger such that they can be to maintain the same standard of life he led in wedlock. When you do not have the right to maintenance in any case does not imply any right to food which is always entitled the spouse who is in a state of necessity, as specified in Articles 433 and following of the Civil Code.
The amount that will be given to the weak spouse relative to the maintenance is determined in relation to the circumstances and income of the spouse obliged. As defined by the Supreme Court judgment in 1981. 6396: "The amount of maintenance in favor of the spouse which is not chargeable of 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. "For spouses who are separated or in the process of separation, the law does not in any way always open the possibility of a reconciliation.
This means that they may mutually agree to stop the effects of the judgment of separation, it is fair without the intervention of the court, with a clear declaration or by an unequivocal attitude that is unsustainable with the state of separation. Of course, all proceedings in the nurture of family law are subject to the payment of the unified to the extent of € 37.00 cove and consensual nature of 85.00 Euros if contentious. The provisions relating to family law are always expressed as things stand resulting in what, in the event of a change in the terms of the agreement or at the base of the judgment, the parties may again and at any time refer the Court to demand a correction of separation conditions.
Thus, the trial judge, asked to declare which of the spouses is given the responsibility for separation, although it finds against one of them an attitude in itself suitable to compose because of the impossibility of continuing the co-existence, cannot escape, freely from the affirmation of instances of maintenance, by taking into consideration the aggregate and in a comparative way the conduct of each of the two spouses, in order to determine what may find exculpatory in events or acts of the other spouse, and which, instead, no excuse , should be counted as a liability for the indicated failure.
In the meantime, there is the result of legal separation, the court also states which of the spouses has custody of the children. This means specifically that the judge determines the quantum and the manner in which the non-custodial spouse must contribute to the preservation, education and training of children.