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The separation of judicial nature makes it possible to request again the imputation of separation: if one can not verify that one of the parties has violated the burdens associated with marriage (life in common, deference, attachment to children, etc), and that just one of these reasons was the cause of the end of the marital relationship, the part that produced these deficits is no longer required to request the maintenance allowance and most of the inherited rights.
As in the case of separation by mutual agreement, legal separation also initially presupposes a trial in which the wives must attend before the President of the Court, who can, if necessary, determine which measures are most immediate to provide protection to the spouse. weaker and to children.
Later, in this case the same procedures of the common rite can be applied and the final act becomes a verdict in every sense, which will regulate the relationship between the spouses.
Already after the first trial the instant separation between the consorts can be implemented even if with an inconclusive verdict, and after analyzing the problems of contention: in this way, the request for divorce can be presented even before the issuing of the final verdict .
The separation of consensual nature is the juridical figure with which the spouses choose to proceed with the consensual separation.
The separation of common agreement is therefore not admissible in the case in which it is not a pact between the consorts concerning all the profiles (rights on the patrimony, maintenance of the disadvantaged consort, right to visit and to keep the children, conferment of the family house).
The agreed separation begins with the deposition of the appeal, which in almost every court can also take place without the advocacy of a lawyer (for more detailed information, the websites on the separation process can be consulted).
At the trial that will be established before the president of the court, the spouses will have to attend both for the necessary attempt at conciliation. The president of the court is able to decide to adopt the deeds considered necessary and with immediate effect.
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From this day begins the period of three years to make a new request for divorce. Subsequently, in the event that the agreements are deemed adequate and not disadvantageous for the consorts and especially for the children, the judiciary establishes the validation of the agreement with the appropriate deed, thus establishing the separation called by right.
The obligations foreseen for the consensual separation may in any case be modified or revoked if new circumstances arise that affect the conditions of one of the spouses or the relationship with the children. JUDICIAL: The judicial separation procedure is used if the spouses can not reach any agreement and therefore the agreed separation can not be reached.
Judicial separation may therefore also be required by only one of the spouses. In the case of judicial separation, it is moreover permissible to request the imputation of the separation, that is to say the verification that the obligations related to marriage have not been observed (deference, life in common, protection of children, etc.) by one of the consorts and that the violation produced the conclusion of the report (for more precise information: verdicts on the imputation of separation).
If the indictment is conferred on the judiciary to one of the two spouses, he can not use the subsistence allowance without benefiting from hereditary rights.