Family law

High Court Lawyer

Marriage Expert

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Below is a list of the most frequent cases in which we operate:

Consensual and judicial separation with charge
Consensual and judicial divorce
Legal protection in presidential measures
Maintenance allowance for the spouse and any precept of payment
Payment precept on unpaid separation terms
Payment precept in case of non-payment ISTAT update of child support
Wealth relations after separation, marital home allocation
Joint and disjointed custody of children born in constancy of marriage
Agreements on custody of children even outside marriage, recognition and enforcement of urgent measures
• Non-contractual and parental liability
• Wealth relationships between cohabitants
• Cessation of cohabitation and consequences
Criminal protection in the event of a breach of family assistance obligations art. 570 c.p.

Family Law

Family law in is that sector of private law that governs family relationships in their broadest sense, dealing with issues related to marriage, filiation, adoption and kinship and affinity.
Del Monte law firm has for many years offered legal assistance and advice for all issues related to family law (separation, divorce, custody, paternity recognition, child protection, issues etc.).

Separation and Divorce

This particular branch of law deals with the family unit, composed of spouses and their children, it establishes which are the reciprocal rights and duties between family members and fully regulates family relationships in the pathological moment ( and possible) of separation and divorce.
At this stage of great conflict, where each spouse, at least in most cases, cannot remain lucid and serene, the work of the lawyer, who has the task of clearly illustrating to the client, in the process of what rights and duties he has with regard to the other spouse and children, and to assist him both in the pre-judicial and the actual judicial phase. The crisis of the couple does not always result in a judicial separation, which is the longest and most tormented one, since it is possible for the spouses, with the help and technical assistance of a lawyer, to agree directly on the conditions of the consensual separation, from the ‘entrusting of children to the maintenance allowance (of the spouse and children); in this way, the spouses avoid the lengthy lengths of a long and stressful judgment and quickly reach separation.

After the separation the spouses can request a divorce and, if the conditions are met, the annulment of the marriage before the ecclesiastical jurisdiction (Sacra Rota).

But family law is also concerned with the protection of minors in general, including also natural children, that is, children born to unmarried parents; when within the family, be it legitimate or indeed certain problems arise, which can lead for example to the need or opportunity to impose limitations or restrictions on the power of one or both parents, a particular jurisdictional body intervenes, the Court of Minors, competent also for the matter of adoptions.

Request a family law legal advice. The subject of family law has undergone some significant changes over the years with the Legislative Decree 03/14/2005 n.35, converted with amendments by law 05/28/2005 n.80, which reformed the separation and divorce process, completely reformulating some articles of the code of civil procedure concerning separation and the article 4 of the divorce law.
Subsequently, with the L. 08/02/2006 n.54 some norms have been added in the civil code in subject of shared foster care (before it was spoken about joint custody), and maintenanceof the children and some modifications have been introduced to some articles of the Code of Civil Procedure.
With regard to the assignment and maintenance of natural children, or children born to unmarried parents, the High Court introduced a significant innovation in 2007 by providing a single judge for all (read the article).

Another important innovation concerns the sonship. This is a law passed in 2012 that finally overcomes the dichotomy between natural children and legitimate children. To learn more, read the published article.
The so-called “short divorce” came into force, which reduced the time from three years to one year in the event of judicial separation and from three years to six months in the event of consensual separation.

Among the latest updates on separation and divorce there is also D.L. 132/2014, converted into Law 162 of 10/11/2014, which introduced two new institutions: assisted negotiation before lawyers (art. 6), the procedure before the civil status official, in the person of the Mayor ( article 12) but only in the absence of patrimonial issues (see circular letter n. 19).
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Inheritance and family relationship

From the interweaving of relationships and family relationships arise reciprocal rights and obligations between the members of the family: for example, when speaking of the family in a broad sense, therefore including relatives and the like, it assumes importance, as well as for questions concerning the inheritance , for the right and the mutual duty of assistance that rests on its members, when a person is in a state of need, or when, for the most disparate reasons, he is unable to provide for his own maintenance; in this case he has the right to ask for food from his family members.

Paternity Actions – Separation and Divorce – Child Support – Shared Custody – Inheritance and Donations – Protection and Prohibition

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