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Change of separation and divorce conditions

There are cases where 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

The necessary precondition for the modification of the separation provisions 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 financial 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 capital structure is capable of leading to a substantial change in the financial relations between parts.

conditions of separation and divorce

The proceeding ends with the ruling of the decree by the judge who is enforceable.

Courts are increasingly severe in cases where appeals are made for changing the conditions of separation without the conditions being met. In particular, the Court of Milan, on several occasions, sentenced the unsuccessful spouse to compensation for damages for reckless litigation (art. 96 cpc) when the appeal was completely unfounded and there had been no new facts justifying the request to change the conditions of separation.



Cecatiello Law Firm, Milan. Marriage lawyer, divorce lawyer, specializing in family law, children's rights. Contact us.