Consensual and Judicial Separation
Separation represents a delicate moment in a couple's life, requiring a careful and personalized legal approach. The Bianucci Law Firm offers complete assistance in both consensual and judicial separations, ensuring our clients professional support to address every aspect of the process with serenity and clarity.
Italian law distinguishes between two types of separation: consensual and judicial. Both aim to regulate the relationships between spouses and towards children, but they differ in how they are managed and concluded.
The choice between consensual and judicial separation depends on the spouses' ability to reach an agreement on the main personal and property issues.
Consensual Separation
Consensual separation occurs when both spouses reach an agreement on all fundamental issues, including:
- Custody and maintenance of children;
- Maintenance allowance for the economically weaker spouse;
- Division of common property;
- Visitation arrangements and management of the family residence.
This type of separation is quicker and less costly, as it requires the ratification of the agreement by the court or, in some cases, the procedure may be managed through assisted negotiation or directly at the municipality.
Judicial Separation
Judicial separation becomes necessary when spouses cannot find an agreement. In this case, the judge will decide on the disputed issues, such as:
- Custody and placement of children;
- Determination of the maintenance allowance;
- Division of common assets;
- Assignment of the marital home.
Judicial separation can be longer and more complex, as it requires court intervention and often involves a more heated confrontation between the parties.
How We Can Help You
The Bianucci Law Firm assists its clients at all stages of separation, both consensual and judicial, ensuring:
- Targeted advice to choose the most suitable path for the situation;
- Drafting clear and comprehensive agreements for consensual separation;
- Legal representation in court for judicial separation;
- Protection of the interests of children and family assets.
Our goal is to help you get through this phase with minimal impact, providing effective and legally valid solutions.
Consensual separation is based on an agreement between spouses on the main personal and property issues. Judicial separation, on the other hand, is necessary when an agreement cannot be reached and requires the judge's intervention to make binding decisions.
A consensual separation, if the agreement is complete and no obstacles arise, can conclude in relatively short times, usually between 2 and 6 months, depending on how quickly the court ratifies the agreement.
Yes, spouses can reach an agreement even during a judicial separation. In this case, the judicial procedure can be interrupted and the agreement can be ratified by the judge.
The costs of a consensual separation are generally lower than those of a judicial separation, as the procedure is quicker and does not require a lengthy court dispute.
Certainly. Our firm offers complete assistance in the case of judicial separation, representing you in court and protecting your rights and interests, both personal and property.