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During the path of separation, there are some issues to be decided regard to the economic and financial, that the future shape of one s life (spouses and children), the obligations continue to meet the procedures for complying with these obligations, and so saying the firm will decide with the client on the choice and its definition of these structures, with a particular look and priority for profiles related to the management of the relationship between each parent and the children.

On the resolution of the relationship between parents and children, the shared custody has been a goal but nevertheless, it did not solve all the problems, so if you today, in most cases, will face the knot of trust and you need, however, to identify a regulation of mutual relations to ensure the practical implementation of the bi-parenting, we follow the personal and property relations between spouses, between parents and children, the assignment of the house and family maintenance obligations.


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Divorce: Changes and separations. Three years after the date of appearance of the spouses before the Court, the separated spouses can file for divorce. After, the divorce procedure (Law of 12.01.1970 no. 898) pronounced the dissolution of marriage or termination of the civil effects. With divorce, all the effects of marriage end on a personal level (use the surname of the husband, the presumption of conception, etc. ...) and nothing could be changed for the children who are fully legitimate children.

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If you want to end your marriage with a consensual separation this is less expensive. It s essentially to have an agreement between the spouses which is manifested in the form expressed before the Court. The average time to obtain a consensual separation (i.e. the time between the filing of the application and the approval of the Court) is about 3-5 months, compared to a much longer period (2-3 years) to reach the judicial separation.


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Peculiarities of judicial separation is the possibility of the separation’s charge to one of the spouses. One spouse may ask the Court to declare the other spouse as the sole responsible for the failure marriage. Article. 151 of the Civil Code stipulates that "the Judge said, if he fulfills the circumstances and shall be required, in which the separation of the spouses is chargeable in view of its behavior contrary to the obligations arising from the marriage." There are several behaviors and events that can lead the charge with a separation.

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It should be noted that, if the negotiations to reach an action for separation by mutual agreement fail, the lawyer who has followed both spouses must renounce the mandate in respect of both. The separation by mutual consent is signed by both spouses, the appeal must be filed with the competent court for entry to the role.

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There is elimination of any investigation in relation to charging the failure of the marriage relationship in the case of consensual separation.

The spouses must agree on every aspect concerning the award and the attendance of the children, the allocation of the marital home and the determination of maintenance.


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The decisions of most interest to the children belong to both spouses, but unless otherwise provided the judge s entrusted the spouse that has the exclusive exercise of power over their children.

The spouses entrusted has the right and the duty to ensure the education of the children and can always resort to the court, if it considers that decisions have been taken prejudicial to their interest.

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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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