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
A prerequisite for modifying separation orders is the existence of new factual circumstances , the emergence of "justified reasons," and a substantial and stable change in conditions since the separation decree was issued. In practice, the change in financial situation must be objective and must meet the requirement of stability so that the judge can evaluate the changed economic conditions and determine whether the new financial structure is capable of leading to a substantial change in the financial relationships between the parties.
The proceeding ends with the ruling of the decree by the judge who is enforceable.
Courts are increasingly strict in cases where petitions for modification of separation terms are filed without the necessary grounds. In particular, the Court of Milan has, on several occasions, ordered the losing spouse to pay damages for frivolous litigation (Article 96 of the Code of Civil Procedure) when the petition was completely unfounded and no new facts had arisen that justified the request for modification of separation terms.
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