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The law firm grants online advisory opinions in the field of family law. In detail, it deals with the following issues: arbitration and consensual separation procedures, changes to the criteria for separation and divorce, issues arising from the same separation, divorce proceedings by consensual or by court, appeal to the judicial act of divorce, adoption of divorce judgments, custody of the child in cases of separation, divorce and unmarried couples, regulation of natural children, application of sentence to the competent judiciary for protection, general support in family law.

What do you mean by divorce? With the judicial act that provides for the conclusion or revocation of the civil effects of the marriage (divorce), the judicial body, evaluating the questions of the spouses, the motivations of the decision, the personal and financial contribution given by each in the administration of the family and the structuring of subjective or shared assets, the income of both the consorts, and calculating all the above aspects also in relation to the duration of the marriage, establishes the burden on one of the two consorts to systematically pay the other a subsidy of divorce, if it does not have adequate means or otherwise is not able to have them for concrete reasons .

With the agreement of the parties involved, the payment can be made in one installment if it is assessed as suitable by the magistrates. In this case no subsequent instance concerning the financial profile can be made (not even the request for an amount of the liquidation of the former spouse).

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How is the prenuptial agreement regulated by national legislation?

The pre-marital agreement is the agreement with which the spouses establish beforehand the legal and financial burdens and criteria following the termination of the civil consequences of the marriage (divorce).

In this regard, the legislation is consistent in considering that, compared to divorce (but this fundamental aspect should be considered valid also for cases of separation), this agreement is not appropriate to the law, in the part that deals with the criteria for the maintenance of sons and consort.

This agreement is therefore illegal because it could change the autonomy to defend itself in a judicial process of divorce. What do we mean by maintenance subsidy? By determining the separation, the judiciary prescribes the right to obtain from the other spouse what is necessary for its maintenance, if it does not have adequate and satisfactory personal income (Article 156 of the Civil Code).

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The amount of the aforementioned sum, known as the subsistence allowance, is counted considering the economic conditions of the spouse who is bound to give it. The burden of providing food for the subject in need remains valid and is not able to provide it autonomously and for concrete reasons.

Compared to maintenance, food is a minimal and fundamental contribution to meet the other needs of the other.

After the decision to separate, the judiciary, at the request of one of the parties in question, may order the cancellation or modification of the decisions concerning the maintenance subsidy or the granting of food, if suitable reasons emerge.