Divorce & Family Law
Our Family Department has extensive experience and expertise in representing clients based throughout the world on divorce law issues in Italy and resolving their matters.
Family law matters are often complex and are usually handled during periods of high stress and emotion. It can be difficult to make life-impacting decisions under such circumstances. For this reason, it is important to have a family law lawyer help you wade through the chaos. An experienced family lawyer should be able to help you see the larger issues at play and provide the advice you need to make informed decisions about your future.
In divorce cases, the size of a potential financial settlement is, in many cases, conditioned by the country in which the divorce proceedings are filed. At Boccadutri, we can provide you with detailed advice at in a timely manner as to the best place to file your divorce proceedings.
If children are involved and you or your ex-partner reside outside of Italy, then the issue of where the children live and what contact arrangements they will have with the non-resident parent will need to be resolved. We have vast experience in dealing with these types of issues and representing your wishes either through mediation or with the assistance of the Court.
Our team are at the forefront of creating new family law and have been involved in many leading cases in recent years.
Legal separation in Italy
The Italian legal separation of the spouses is regulated by the Italian Civil Code, the procedural code and related statutes.
There are two types of legal separation in Italy:
Consensual separation – when there is a mutual agreement between husband and wife, which is then approved by the court.
Judicial separation – in these cases, there are often hearings and discussions before an agreement is reached and the judge determines which spouse is responsible for the failure of the marriage.
Legal separation in Italy does not break up the marriage; it divides the legal communion and the duty of marital fidelity.
Moreover, the legal separation of the spouses in Italy, unlike a divorce, is temporary so it gives the couple time to reconcile, without formalities that issue an ad hoc declaration.
The Italian legal separation may result in affecting the personal and patrimonial relations between husband and wife, as well as between parents and children; by the way of example:
- Patrimonial issues on the communion of the goods and estate;
- Custody and visitation of the children;
- Family home.
Our comprehensive range of legal services includes a dedicated wills, tax, trust and probate department. We are also one of the few legal firms to offer in-house forensic accountancy specialists, helping clients establish the true value of assets and achieve full financial disclosure.
If you are going through a divorce or need assistance with the legal issues involved with adoption, seek advice from a family law lawyer. A skilled lawyer should be able to help you understand the legal ramifications of decisions you have to make and fight to protect your best interests.
For more information about our family law practice, or to schedule a consultation with a divorce lawyer, contact Boccadutri today. Our lawyers will handle your family law matter with the utmost sensitivity, and confidentiality.
If you require further information or assistance, please email us at: [email protected]