the marital crisis
1. the couple
Marriage creates a legal link between husband and wife from which rights and obligations arise. With the separation and then definitively with the divorce, this legal link ceases and with it almost all the obligations and rights that derive from it. The law establishes precisely what the rights and obligations are and with them the consequences of separation and divorce.
2. the children
The ex-spouses who are also parents remain the obligation / right, not only legal, of collaboration in the growth and education of their children, which implies not only a material but also a moral contribution. You never cease to be a couple to be parents. The children have the right to maintain a meaningful relationship with both parents, they have the right not to be involved in the emotional crisis of the parents, they have the right not to be turned upside down by the end of the emotional relationship between the parents. maintenance, assignment of the marital home, the right to attend and custody are based on the protection of minors and the protection of their rights.
3. separation is a right
The loss of the emotional bond, whatever the cause, gives rise to the right of the person to ask for separation. It is absolutely irrelevant who is responsible for the end of the marriage and what the reason is. The law recognizes the right to obtain separation, so as to allow separation even without the consent of the other. go on...
4. the charge
The desire to see a judge ascertain and declare that "the other" is guilty of having determined the end of the marriage, although humanly comprehensible, legally it does not always matter and often does not translate into the recognition of a consequent benefit towards the 'innocent. go on...
5. Alternative ways to formalize separation and divorce
In order to simplify and make the process for achieving separation or divorce less burdensome, the legislator has introduced alternative systems to the procedural one (consensual or judicial). Both separation and divorce, if they are consensual, or if the spouses are d agreement, they can take place in 2 different ways than the one we have already mentioned before the Court.The first is the procedure before the Municipality With the introduction of the legislation on the short divorce (decree law n. 132/2014) it is possible to separate and also divorce the Municipality before the Mayor, provided that between the two spouses there is full agreement of all aspects of the separation / divorce. This procedure is carried out without lawyers and has a very low cost: 16 euros for the revenue stamp. This procedure is excluded when: - there are minor or disabled children; - asset transfers must be made. go on...
6. Patrimonial relationships between the spouses
To regulate their property relations, the spouses can choose between various options.The legal property regime of the spouses, in the absence of a choice and therefore of a different agreement, is made up of the legal communion (art.177 of the Italian civil code), according to which all the goods purchased during the marriage are owned by both spouses, while only the personal goods expressly indicated in art. 179 of the code civil. go on...