There are cases in which an already separated spouse has the need to obtain the change of the conditions of separation by reference, among others, to the amount of the allowance, to the methods of visiting the children and assigning the house.
The parties can always ask the Court to modify the provisions concerning the spouses and the offspring resulting from the separation.
The procedure starts with an appeal and takes place in the council chamber.
The conditions can be changed either in case of judicial separation or in the case of consensual separation
The necessary condition for obtaining the modification of the separation measures is the existence of new factual circumstances, the occurrence of "justified reasons", the substantial and stable change of the conditions with respect to the time of the separation decision. The change in the financial situation must in practice be objective and must possess the requirement of stability in order for the judge to assess the renewed economic conditions in order to ascertain whether the new asset is capable of leading to a substantial change in the balance sheet between parts.
The proceeding ends with the ruling of the decree by the judge who is enforceable.
Courts are increasingly strict in cases where appeals are submitted for the change of the conditions of separation without any preconditions. In particular, the Court of Milan, on several occasions, sentenced the dispossessed spouse to pay damages for reckless litigation (Article 96 cpc) when the appeal was completely unfounded and no new facts were found to justify the request to change the conditions of separation.
Armando Cecatiello, Lawyer Milan and Rome.
Law Firm Cecatiello, specialized in family law, matrimonial lawyer, divorce lawyer, minor maintenance / custody.