Separation and divorce represent the most common and unfortunate consequences of a marriage. Given the importance of such undesirable outcome of marital relationships, it is relevant to observe how spouses are supposed to behave in such conditions. Specifically, this articles aims to provide the reader with five mistakes you should avoid during your Italian Separation procedure.
Separation Cause
According to the Italian Family Law, the Court may release a declaration through which it recognises the responsibility for causing the series of event that lead to the separation procedure. In others words, this declaration establishes the responsibility in relation to the end of the marital relationship. For instances, infidelity, the abandonment of family home by one of the spouses, maltreatments may all cause separation.
However, the “cause for separation” measure does not provide a real advantage. The spouse who causes the separation is not required to pay compensation, or pay a fine. However, the same spouse has no right to receive alimony while also loosing any inheritance rights over former spouse’s estate. Therefore, you shall look for the “cause for separation” measure only when the guilty spouse is also the poorest one. On the contrary, the cause for separation is not going to give any advantage to the other spouse.
Separation agreements are not irrevocable
A further mistake spouses tend to commit is thinking that the separation agreement are mandatory for the divorce as well. Separation agreements are not mandatory and they can be subject to redrafting. Therefore, within divorce context, spouses are entitled to change their mind and changing the terms and conditions of previous separation agreements.
Alimony is not obvious
Alimony is simply justified by the an economic difference between the spouses and it aims to guarantee to the weakest spouse the same standard of living enjoyed during the marriage. Contrarily, the divorce maintenance aims to ensure the economic independence of the weakest spouse; with no mention of standard of living. This means that alimony can always be reduced in the divorce context.
Do not hide assets and money
Spouses unwilling to proceed with alimony payment might be able to hide their assets and money. In this sense, fake tax declarations may serve the purpose to convince the judge about the bad economic situation of the spouse. However, the Judge is allowed to rebuild spouse’s financial situation from many sources; and tax declarations is only of them. In this sense, the Judge is entitled to check bills, home loan, standard of living showed in social media posts and so on.
Inciting children against the other spouse
In Italy the shared parenthood principles is one of the pillars of marital relationship. For this very reason, any conducts aiming to destroy the dual presence of parents in their child’s life is deplorable. Therefore, never incite the child against the other spouse. Contrarily, the guilty spouse may pay a fine or, in the worst case scenario, lose the parental responsibility.