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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 at the same time?

  • 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, 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 separations connected to the protection of assets 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 the standard of living is: unfortunately many people live beyond their means, and therefore even the proof 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 usually 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 can this problem be resolved?

  • Then the problem was also recently submitted to the Court of Cassation; it is necessary to evaluate 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 cases of marriage it is the wife who normally takes care of the family, she took care of the family's children full time; at this point the conditions for this allowance begin to exist, there are, and the allowance must always be proportionate to the standard of living in progress in the marriage; therefore it is necessary to make an evaluation on the possibility of the woman to work or not, and then on what was the standard of living.
  • 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 tailored suit for the parties; we need to take the right time to get the parties to truly reflect on what they are doing. Sometimes, taken by emotion, there are signings of consensual separations which then after 3 months already jump, 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, in a specialized law firm.
  • Absolutely yes. And another big problem, another big theme, is that of the family home, which must then remain with one of the two; how is this house assigned? Does the property follow you?

  • 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 about everything ... But is there also a protection of the party who cannot keep the house?

  • It is actually difficult; to the extent that one of the two parties is really in a precarious condition, the judge could exceptionally, even temporarily, consider the house as a value, and therefore parameterize the check also on this, in the sense of possibly giving a higher check by keeping I realize that the spouse will not have the right to housing and therefore will have to obtain 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.
  • However, the lawyer awaits you at the law firm in via Aristide de Togni 20, in Milan, and can be reached by e-mail studio@cecatiello.it and by phone at 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 closure and then with these words we part, just for a few moments, because then we return to keep you company with other stories and other interviews, always on Radio Lombardia.

Family Law

Divorce and Separation

Civil unions and cohabitation