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The normative figure with which the spouses choose to separate by mutual agreement is called "concordat": naturally, the agreement concerns all the consequent matters such as the maintenance of the weaker wife, the rights connected to the patrimony, the maintenance of the children, the conferment of the family home, etc.).
In the case of separation resulting from a consensual agreement, the assistance of a lawyer is not necessary: in fact, it will be necessary only to forward the application to the Court, and will then be indicated the day for a trial in which the spouses are obliged to attend for the conciliation test.
Following the hearing, if the consortium confirms that they wish to proceed with separation, the three-year period enters into force in order to apply for a divorce.
The judiciary will also assess the correctness of the agreement concluded between the consortium, especially regarding the children: if the agreement is deemed adequate, will dispose with appropriate provision the burden (act of homologous), thus ruling by law the act of separation.
What is deliberated in the phase of consensual separation, however, may in any case be subject to subsequent changes or revocations, if there are elements capable of varying the previous conditions of the consorts or children.
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It is the procedure by which the consorts, by common agreement, choose legal separation indicating the duties connected to it. It is essential to appeal with a simple card to the registry of the court in the center where one of the postulants resides or is domiciled.
When delivering the application to the Registry, the consortium must both be present to allow the Registrar to identify them with their ID and to continue to validate their respective signatures.
In the appeal deed, the wives ask to be present at the court presidency to obtain the act of acceptance of the separation.
Both spouses will be required to be present at the place, day and time indicated by the act of clarification of the trial that states the duty to attend the presidency of the court.
Given the delicacy of the procedure and the important consequences on the subjective and heritage level, some courts claim the patronage of a lawyer.
The consensual separation is the result of an agreement between the consortiums that concerns the financial, subjective and patrimonial aspect that flows from it. Therefore, demonstration of the separation is in this case the agreement of the spouses not being mandatory demonstration of the crisis of life in common.
The pact, however, in itself is not the only factor that produces the presence of mandatory legal consequences, because in this case it is also necessary the judicial validation required with appeal of one or both in consorts, and admitted after the appearance of parties in court before the Court that has jurisdiction over the conciliation attempt.
In the event that this attempt shows negative results, we continue with the approval process. To grant it, the court must verify the existence, the seriousness and the independence of the agreement between the spouses.
The agreement, inter alia, must not contain provisions that do not conform to those binding or to public legislation. Finally, another fundamental assessment is that concerning the validity of the agreement to protect the good of the children, so that if the pact between spouses seems to be not in conformity with it, the magistracy, in the primary interest of the children, will invite the consortium prescribing the modifications to be made to the obligations resulting from the agreement.