Legal separation

Within family law, legal assistance concerning separation varies according to the specific circumstances in which marital cohabitation comes to an end.

When spouses agree on arrangements for the care and maintenance of their children, as well as any financial support for the financially disadvantaged spouse, they may proceed with a separation by mutual consent, the terms of which are approved by the Judge through a specific court order.

In the absence of an agreement, even at the request of just one party, the spouses may proceed with a judicial separation.  In this case, taking both spouses' needs into account, the Judge will determine all matters concerning the care and maintenance of the children and the personal and financial relations between the spouses by issuing a judgment.

Specific rules apply to international separation, involving couples of different nationalities or residing abroad.

The terms set out in the separation order, whether the separation is by mutual consent or judicial, may be modified at any time if new circumstances arise compared with those existing when the order was issued.

The financial and protective aspects of separation include the following:

• Child maintenance: an obligation imposed on both parents under Italian law. Each parent has a duty to support their children according to their means.
  
• Spousal maintenance: if one spouse has no income of their own, is unable to work or is not at fault for the separation, the Judge may award maintenance in their favour, taking the other spouse's income into account.
  
• Allocation of the matrimonial home: a crucial aspect of protecting any children of the marriage. The home is generally allocated to the spouse with whom the children will continue to live.
  
• Survivor's pension: the share reserved for the legally separated surviving spouse who is entitled to maintenance payments.
  
• Lawyer-assisted negotiation: this procedure is available only when certain requirements are met and is concluded between the parties, assisted by their respective lawyers, without the Judge's involvement.
  

Divorce

Divorce brings about the termination of the civil effects of marriage or the final dissolution of the marital bond. It takes the form of a joint divorce when the spouses agree on all matters relating to the dissolution of their marriage; otherwise, it takes the form of a contested divorce when the parties have not reached a comprehensive agreement.

The terms set out in the divorce order, whether the divorce is joint or contested, may be modified at any time if new circumstances arise compared with those existing when the order was issued.

The financial and protective aspects of divorce include:

• Child maintenance: a mandatory duty incumbent on each parent according to their respective financial means.
  
• Spousal maintenance: payments ordered by the Judge in favour of a spouse who has no income of their own, is unable to work or is not responsible for the divorce, with the amount determined in relation to the other spouse's income.
  
• Lump-sum settlements: an alternative to periodic post-divorce maintenance payments, allowing the financial obligation to be discharged in a single settlement through the payment of a sum of money or the transfer of real estate or another right in rem.
  
• Allocation of the matrimonial home: a measure ordered primarily in the children's interests, ensuring that the home is allocated to the parent with whom the children live.
  
• Survivor's pension and entitlement to an end-of-service payment (T.F.R.): the share reserved for the surviving former spouse who is entitled to post-divorce maintenance, provided that they have not remarried.
  
• Lawyer-assisted negotiation: an out-of-court procedure available when the prescribed requirements are met, concluded directly with the assistance of the parties' lawyers, without the Judge's involvement.
  

Cohabitation

The legal framework governing cohabitation addresses both the management of personal and parental relationships in the event of a breakdown and the family's financial and estate planning. When cohabiting parents separate, children born outside marriage live primarily with the parent considered best suited to meet their daily needs, while both parents remain responsible for their maintenance.

The main legal arrangements and rights associated with cohabitation include:

• Cohabitation agreements: agreements through which unmarried couples regulate their financial arrangements, including in the event of the relationship ending or the premature death of either partner.
  
• Transfers of assets to a same-sex cohabiting partner: the option to arrange for a share of one's assets to be transferred to a partner during one's lifetime or upon death.
  

Children

The legal protection of children encompasses the full range of rights and duties relating to the acknowledgement of parentage, the management of assets and custody. A child born to unmarried parents may be acknowledged by one or both parents at birth; otherwise, subsequent acknowledgement requires the other parent's consent or specific court proceedings. The law also governs actions for disavowal of paternity, which may be brought by the father, the mother or the child within the statutory time limits.

The following areas are relevant to the management of a minor's financial and personal affairs:

• Management of a minor's assets: carried out jointly by both parents, or by one parent alone if the other has died or is permanently or temporarily unable to act; in specific circumstances, the law provides for the appointment of a guardian by the Court.
  
• Gifts and inheritances in favour of minors: transactions requiring a prior assessment of the minor's interests and the necessary authorisation from the Guardianship Judge.
  
• Custody, residence and maintenance of minor children: when an unmarried couple separates, custody is normally joint, with the children residing with the parent with whom they live and both parents sharing the maintenance obligation.
  

Domestic and international adoption

Adoption is a process of exceptional human and legal significance, aimed at ensuring every child's fundamental right to grow up in a suitable and protective family environment.

De Paola Law Firm provides assistance throughout the complex stages of the adoption process, both in domestic and international adoption proceedings, supporting spouses in verifying the statutory requirements and managing relations with the competent authorities and relevant institutions, with the primary aim of safeguarding the best interests of the child.