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Judicial Separation in Italy

Judicial Separation in Italy

Updated on Monday 28th November 2016

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Judicial-Separation-in-Italy.jpgJudicial separation in Italy refers to a legal act through which a married couple will become legally separated, without dissolving the respective marriage. Judicial separation is a procedure that follows after the mutual consent separation, in which the parties establish an agreement in order to be able to separate. If this method fails, then one of the parties should file a recourse for judicial separation based on the violation of one of the obligations established by the Italian legislation for a marriage. Our team of lawyers in Italy can assist both local and foreign natural persons to obtain judicial separation

 

Judicial separation in an Italian court 

 
Persons who are taking into consideration to file for judicial separation in Italy should know that the legal act should be established based on a legal ground that should be recognised by an Italian court
 
In the case the charge is recognised by the court, the spouse who is filed against, can lose some of his or her marital rights
 
The legal procedure starts by gathering the two parties in a local court, in which the judges will try to reconcile the couple, as required under the Italian legislation. Later on, the court will issue a decision, which can have a non-definitive ground. Still, the parties will receive the judicial separation and the court will establish legal grounds for the disputes between the parties. Our team of attorneys in Italy can offer legal representation to persons who want to obtain a divorce in this country. 
 

Consequences of the judicial separation in Italy

 
The judicial separation is provided by a local court when the two parties can no longer live together. The judicial separation can be obtained by both of the spouses or by one of them, even in the situation in which the other party does not approve this procedure. 
 
The main consequence of the procedure is that the couple will not live in the same house. However, the wife can still keep the husband’s family name only in the situation in which the husband does not file against this decision. 
 
Through judicial separation, the parties will no longer own joint real estate. In the situation in which the couple has minor children, the parent who will not live in the marital home will be required to pay the alimony
 
Persons who need further details on the judicial separation are invited to contact our law firm in Italy
 
 
 

Comments

  • Carla 2016-11-28

    The procedure is very useful for the spouses. I went to the court to file against my husband and we obtained the judicial separation, but in a period of 2-3 months we decided to give our marriage another chance.

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