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, the amount of the allowance, the methods of visiting the children and the allocation of 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
A necessary prerequisite 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 in conditions with respect to the moment of the separation decision. The change in the equity situation must in practice be objective and must possess the requisite of stability in order for the judge to be able to evaluate the renewed economic conditions in order to ascertain whether the new equity structure is capable of leading to a substantial change in the equity relations 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.