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For separated or in the process of separating the law has always opened the hypothesis of reconciliation. In fact, they may mutually agree to terminate the effects of the judgment of separation, without requiring the intervention of the court, by express declaration or by conduct unequivocally that it is incompatible with the state of separation.


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The Court has, however, always in compliance with the requirements in the application and the applicable law, a detailed attention and care aspect of custody and maintenance of children. This is the control on compliance and compatibility of separation agreements the law then the so-called approval is a process that develops and office marks the last stage of separation by mutual consent, gives full effect to the separation agreements.


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The legal separation involves the establishment of a genuine dispute proceedings, of course that the distances from both the consensual separation.

Pronouncing the separation the judge says, wherever the necessary circumstances and only if so requested by one spouse, that the other spouses is attributable for the separation, taking into account the behavior contrary to the obligations arising from the marriage.


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The trial judge, asked to declare which of the spouses is chargeable separation, must ensure load behavior of one of them by itself can serve as an inability to continue living together, cannot fail, regardless of the proposition of instances maintenance by examining globally and comparatively the behavior of each of the two spouses and then identify what can be justified in the facts and acts that are of the other, and which, however, no such justification, should be prosecuted under liability for the indicated fracture.


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The weakening of the right to maintenance is without prejudice to any right to food which is always entitled the spouse who is in a state of need, so in accordance with Article 433 and following of the Civil Code.


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At the court, the judge also stated which of the spouses are responsible for the children when there is the result of judgment of separation. Specifically, then the decision of the Judge determines the quantum and the manner in which the non-custodial spouse must contribute to the maintenance and education of children.

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In the absence of an express legislative codification, if not the generic reference to "moral and material interests of the children" the primary criterion will certainly be one of the strongest protection of the child.

Unlike the old Article 155 cc system where no preference was indicated by the legislature in the enactment of placing the order, the new provision of the law provides a clear criterion to custody to both parents (joint custody).


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The standard joint custody should interpret this as a shift occurred as a result of heated debate jurisprudential and doctrinal interest of the children to a solution of joint custody so not as the rule of joint custody or provision is to protect and safeguard the interest parents even emotional.


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The right/duty to maintain and educate the children is up to both parents who can take decisions freely as they consider appropriate for the child during the period in which it coexists with the parent. And that in the period in which the child resides with a parent, the latter will take all decisions of "business as usual", while all the major decisions will need the involvement of both parents.

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The firm also takes care of the protection of minors, including also the natural children and the children born from unmarried parents.

The firm also provides legal advice on discipline contracts working and acting promptly and maintaining a constant update on the legislative reality that allows to work constantly on a stable and professional way, any issues you encounter.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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