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Law Firm Avvocato Cecatiello, specializing in Family Law International Family Law
studio@cecatiello.it
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Interview Attorney Cecatiello on divorce separation from Radio Lombardia

Interview with the lawyer Armando Cecatiello in the Radio Lombardia studios. Separation, divorce and heritage protection.

  • Friends of Radio Lombardia we are in the company of the lawyer Armando Cecatiello.

  • Good evening!
  • It is a pleasure to have you here at Live Social to talk about protecting family assets.
    Dear lawyer, your office is Studio Cecatiello in via Aristide de Togni 20, Milan, where these issues are also dealt with. In most cases, a separation impoverishes the parties involved; how is it possible to separate while protecting one's assets?

  • First of all, you need to contact a good matrimonial lawyer, specialized, in the sense that in any case, even if specialization is not explicitly foreseen in Italy, you need to find someone competent who deals with such matters on a daily basis, then you need to see yourself not as ex and therefore enemies but it would be necessary to see oneself as allies as partners; when you get married people normally take a little time, think about it and even take a path; sometimes they also do pre-wedding courses. To separate means to take time and try in every possible way to find a new accommodation to try to find a feasible solution for everyone, because waging war only brings wounds for everyone.
  • True, however, at the time of the wedding when everything was beautiful, all happy, often it was decided for the communion of goods: how can we have protection even with this decision ?!

  • Unfortunately, the communion of goods is still done, but I absolutely do not recommend it. Clearly we need to see in the concrete case: the solution is difficult to give in this way, generic. Those who decide, those who fear for their assets, for the moment when they want to separate, that perhaps consult with a lawyer before launching the bomb of separation, must be made.
  • Of course, because it is better to consult first and then, how to say, to present the problem to the other party.

  • Yes, because the communion of goods is already a problem; if then everything is managed together and in a moment of high conflict, it could become a serious problem.
  • Absolutely yes. Among the problems of the separations connected then to the protection of the assets there is the maintenance allowance, which is calculated in what way?

  • It is necessary to verify what is the standard of living of the spouses during the marriage and especially that of the children, because then we talk about the maintenance of the children and the weaker spouse. Here too, you need to be very careful: if I have to defend the weaker spouse I will say, usually the wives, to try to recover all the receipts, all the invoices, all that justifies a very high standard of living; therefore expensive restaurants, expensive cars, expensive holidays. If I have to protect my husband, I will tell him to try to lower his standard of living a little.
  • Those "receipts" ... don't take them out too much!

  • Absolutely not; and above all an analysis is made of what is the standard of living: unfortunately many people live above their possibilities, and therefore even the evidence of this circumstance can lower the maintenance allowance, in the interest of all, but also because it must be a sustainable check; because excessive checks are normally not paid.
  • True; and therefore there is no benefit on either side

  • For nobody.
  • But when the allowance is not due only to the children but also to the spouse, how to resolve this problem?

  • Then the problem was also recently submitted to the Court of Cassation; it is necessary to evaluate what the standard of living and the possibility for the spouse, for the weaker spouse, to work or not to work: in the sense that, to the extent that, in very long marriage cases, it is the wife who normally takes care of the family, looked after the children of the family full time; at this point the conditions for this check begin to exist, and the check must always be proportionate to the standard of living in the marriage; therefore it is necessary to make an assessment on the possibility of the woman to work or not, and then on what the standard of living has been.
  • I ask you a little question that comes out of the track for a moment; a separation is often also suffering and the faster it is done the better it is for everyone from an emotional point of view; however these things need time to be evaluated ...

  • Yes, as a lawyer I always say that the separation must be made to measure, and with a suit tailored to the parties; we need to take the right time to make sure that the parties really reflect on what they are doing. Sometimes, taken from the emotion, there are subscriptions of consensual separations that then jump after 3 months, because in any case making decisions on the wave of emotion is never a good thing; so you have to take the right time and also rely, I repeat, on a specialized law firm.
  • Absolutely yes. And another big problem, another big topic, is that of the family home, which must then remain with one of the two; how do you assign this house? Does the property follow?

  • Absolutely not: the house follows the children; the judge can assign the family home only on the basis of the offspring therefore of the children; then an assessment will be made of what is the family's patrimonial situation and the house will be up to the spouse who will have the most children.
  • Of course and if there were no children? This is my curiosity

  • In this case the house follows the property. At that point neither of the two has the right to the house except those who own the property; very often they are 50% owners; at that point they must decide either that one keeps it or that it should be sold. If not, they will continue to fight over that too.
  • Of course, even on that: they have already quarreled over everything ... But is there also protection of the part that cannot keep the house?

  • It is actually difficult; to the extent that one of the two parties is truly in a precarious condition, the judge may exceptionally, even temporarily, consider the house as a value, and therefore parameterize the check on this too, in the sense of possibly giving a higher allowance by holding account that the spouse will not be entitled to the house and therefore will have to get a home.
  • Of course, however, in short, we understood that we must use the head, and we must use, how to say, weighted decisions in these in these cases.
  • Absolutely.
  • The lawyer, however, awaits you at the law firm in via Aristide de Togni 20, in Milan, and can be reached via the email studio@cecatiello.it and by telephone at number 02.2862It also awaits you on the website www.cecatiello.it where you can find all the contacts, which are also visible on the overlay in the video on the Facebook page Live Social of Radio Lombardia and also on social "Law Firm Cecatiello"On Facebook and"armando_cecatiello”Is his Instagram profile. Armando thank you for being with us; it was a pleasure to chat with you. Do you want to send special greetings to someone? Maybe a final message for the spouses?

  • If you have to separate, do it well. This, absolutely.
  • It seems to me an excellent closing and then with these words we separate ourselves, just for a few moments, because then we go back to keep you company with other stories and other interviews, always on Radio Lombardia.