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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.

The time to create a consensual separation (i.e. the time between the filing of the application and the approval of the Court) is about 3-7 months, compared to a much longer period to reach a kind of judicial separation.

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In the case of judicial separation, time can also be extended to any appeal or appeal in cassation. After three years from the date of the appearance of the spouses before the President of the Court, the procedures for obtaining a divorce can be started.

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Also in this case the choice of joint divorce, which always shortens the time of the procedure, when they occur, can be, beyond the control of either or both spouses seek judicial separation type, facts making it intolerable the continued cohabitation or would be seriously prejudicial to the education of children. Consensual separation unlike the separation instead judicial implies the establishment of a real lite court. The judge, in pronouncing the separation, says, if the circumstances are satisfied and only if so requested by one of the spouse to attribute to him the separation, in consideration of conduct contrary to the obligations arising from the marriage. One of the characteristics of judicial separation, however, is therefore the possibility of separation of the charge to one of the spouses.

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It’s possible that one of the spouses expressly requests the Court to declare the other spouse as the sole responsible for the failure of marriage. There are several behaviors and events that may lead to the recognition of a separation.

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Putting aside conduct contrary to the marital obligations, such as domestic violence, offenses by one spouse against the other, there are other behaviors that while finding no express reference in media legislation, are evaluated by the courts to charge the separation between these include psychological harassment, refusal to exercise the sexual act, extreme jealousy, the attitude of the more wealthy spouse that is lacking other means of support, etc.. the new discipline of separation of spouses, introduced with the reform of family law by the Law of 19 May 1975 no. 151, has undocked to charge the same separation from typical cases of negligence and strict and has expanded the scope of investigation, research responsibilities of the marital rupture of the consortium, with reference to the entire area of the obligations arising from marriage, as stated the Law of the Supreme Court.

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