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In consensual separation process the judge will make an examination of the legitimacy of capital provisions regarding spouses but enter into the merits of the agreements reached by the spouses themselves in regard to children.

What does this mean? It means that if the court advises that the personal measures (e.g. foster care) and financial (e.g. grant support for the offspring) concerning children, go against their same interest, not validate the deal.

May abstain and even make suggestions, but you may not notice the spouses to decide on offspring. In contrast, the process of legal separation takes place in a different way: the spouses must expose to the court their reasons also with respect to the grant of support for their children. The parent with custody will require an amount for their livelihood, even if the children are already older. The amount of the support is not fixed.


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It is subject to the famous clause "rebus sic standing bus", which means that as conditions change and of the spouse obligor of the check, the amount previously set can be changed. The changes can affect both the spouse who has the burden of grant aid (e.g. loss of job), the spouse beneficiary of a subsidy and custody of their children (e.g. increase in expenses for the education of children).

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