Family Law- Separation and Divorce

Legal Aid provides specialised legal assistance in family law matters, including separation, divorce, and protection of parental and property rights. The firm ensures professional support in negotiating settlements, drafting agreements, and managing judicial proceedings before Italian family courts.

Legal advice for separation and divorce - protection of family and property rights

Separation and Divorce- Proceedings and Types

The firm assists spouses in all types of proceedings:

• consensual or judicial separation, with definition of financial conditions and custody;
• joint or contested divorce, even in the event of a lack of agreement on the marital home, maintenance or children;
• assisted negotiation pursuant to Legislative Decree 132/2014, as an alternative to litigation proceedings;

• separation and divorce before the Civil Status Officer, in the cases provided for.

The activity includes drafting agreements, assistance at hearings, document processing, and filing with the competent authority.

Property Agreements and Economic Protection

The firm deals with:

• drafting and negotiation of property agreements, divisions and real estate transfers;
• compensatory attributions between spouses, liquidation of the legal community property and dissolution of the patrimonial regime;
• review of economic conditions in the event of a change in income or assets (e.g. modification or termination of maintenance or divorce allowance);

• protection of the economically weaker spouse and of inheritance rights in divorce proceedings pursuant to art. 9-bis L. 898/1970.

The firm ensures that all estate agreements comply fully with civil, tax, and inheritance laws.

Custody, Parental Responsibility and best Interests of the child.

The intervention in matters of filiation is aimed at protecting the best interests of the minor and includes:

• shared or exclusive custody;
• regulation of visiting rights and length of stay;
• determination and review of maintenance allowance;

• handling cases of parental alienation, opposition to wrongful removals (Hague Convention 1980) and cross-border conflicts;

• support in family mediation, protected meetings and psychological and legal support paths.

The firm collaborates with forensic psychologists, technical consultants, and social services to ensure a multidisciplinary and shared assessment of the family situation.

Protection in Cases of Domestic Violence and High Conflict

The firm provides immediate and confidential assistance in cases of:

• domestic violence, mistreatment or stalking, with the activation of urgent measures pursuant to art. 342-bis of the Civil Code;
• suspension or limitation of parental responsibility in cases of danger to the safety of the minor;
• requests for protection orders, warnings and removal of the violent spouse;

• reports to the competent bodies and coordinated interventions with criminal and civil judicial authorities.