Rome · Madrid · Rimini
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Qualified assistance in all forms of separation and divorce — mutual-consent, judicial, and through assisted negotiation — and in the definition of maintenance, custody and financial arrangements.
From mutual-consent separation to contentious divorce, including subsequent amendments of terms, the Firm covers the full spectrum of marital crisis.
Mutual-consent separation occurs when both spouses reach a complete agreement on all aspects relating to the end of cohabitation, formalising it in writing. The agreement governs both financial matters — such as any transfers of assets or assignments — and personal matters, including maintenance, custody and visitation rights of the children. Compared with judicial separation, this solution affords greater autonomy and flexibility, also allowing the parties to regulate matters that the court might not always be able to define. Once the agreement is filed with the Court, a single appearance of the parties is generally sufficient before approval.
When there is no agreement between the spouses, even just one of them can initiate judicial separation. In this case, it is the court that determines all the terms relating to the financial and personal relations between the parties, including those concerning the children. Where the requirements are met, fault attribution may be declared against one of the spouses, with significant consequences on property and inheritance rights.
The terms established at the time of separation may be amended over time at the request of one of the parties, where significant changes in factual or legal circumstances arise compared with when they were originally defined — for instance, a significant change in income, a change of residence, or new needs of the children.
The family-home assignment is primarily aimed at protecting the children, ensuring them stability and continuity in their daily life. Where there are minor children or adult children who are not financially self-sufficient, the court assigns the home to the parent with whom they stably live, regardless of the ownership of the property.
In the event of separation, both parents are required to contribute to the maintenance of the children in proportion to their respective financial means. The contribution is determined taking into account the children's needs, their standard of living and the family and social context of reference. The contribution covers ordinary expenses and, as a rule, a share of the extraordinary ones (medical, school, sports).
If one of the spouses lacks adequate financial means to maintain a standard of living similar to that enjoyed during the marriage, the court may award a periodic allowance in their favour. The amount is set by taking into account the financial conditions of both parties, the needs of the requesting spouse and the standard of living prior to the separation.
Joint divorce arises when the spouses reach a complete agreement on all terms relating to the dissolution or cessation of the civil effects of marriage. The agreement covers both financial and personal aspects, including any arrangements concerning the children. The procedure is faster and more efficient than the contentious one, as it is based on shared intent.
Contentious divorce is initiated when no agreement between the spouses on the terms of divorce has been possible. In such a situation, it is the court that establishes the arrangements relating to financial relations and, where applicable, to the management of the children, on the basis of the evidence provided by the parties.
The provisions contained in the divorce judgment, particularly those concerning the children and financial matters, may subsequently be amended or revoked by the Court at the request of one of the former spouses, where significant changes arise compared with the situation existing at the time of the decision.
This is a procedure that allows the spouses to finalise the divorce without recourse to the court, with the mandatory assistance of their respective lawyers. It is available only where specific requirements are met and allows for a more streamlined and confidential management of the separation.
Even after divorce, both parents are required to contribute to the maintenance of the children in proportion to their financial resources. The contribution is determined taking into account the children's needs and the family and social context of reference.
The divorce allowance is a form of financial support that may be awarded by the court in favour of the former spouse, with predominantly supportive purposes. The amount and duration are set on the basis of the financial conditions of the parties and the overall situation, in application of the criteria developed by the case law of the Court of Cassation.
In divorce proceedings, the parties may agree to replace the periodic allowance with a one-off settlement. This may take the form of a payment of a sum of money or a transfer of assets, such as real estate or property rights. The lump-sum solution requires the agreement of the parties and verification by the Court as to the fairness and adequacy of the amount established.
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