Family law

Studio Legale Cetraro has been offering legal assistance and advice for several years in practices related to Family Law, that is the branch of law including all disputes, obligations, rights and duties that derive from the union of a couple, whether this union is linked by the bond of marriage and that this union is a cd “De facto union”.

In particular, it offers:

  • Solution to legal problems relating to marriage (nullity and annulment);
  • Solution to legal problems relating to couples (separation, divorce, de facto couple separation, judicial division of common property, changes in separations and divorces for couples without children or with children of age, maintenance allowance and divorce).

In disputes relating to separations and divorces, the Firm offers advice and assistance both in the preliminary phase and in the eventual court case. In consensual separation, the lawyer provides advice and assistance to find agreements and solutions on the custody of children and their maintenance, on the right to the maintenance allowance, on the assignment of the family home and on all other family disputes.

Generally, given the delicacy of the matter, the customer is invited to a first meeting aimed at evaluating possible solutions of friendly composition, especially when there are children to be protected.

It is worth mentioning the recent changes introduced by Law no. 162 of 10 November 2014:

  • It will be possible to enter into negotiation agreements assisted by one or more lawyers for the consensual solutions of personal separation, cessation of civil effects or dissolution of marriage, modification of conditions of separation or divorce. “(Art. 6)
  • Possibility of avoiding the Judge: if there are no minor children, non self-sufficient adult children or seriously disabled people, the agreement concluded will be examined exclusively by the Public Prosecutor; otherwise, the spouses must appear before the President of the Court.
  • The spouses may conclude, before the Mayor, a personal separation agreement or dissolution or termination of the civil effects of the marriage, as well as modification of the conditions of separation or divorce. The agreement cannot contain asset transfers and will be precluded in the presence of minor or non-self-sufficient children. “(Art. 12)

The Cetraro Law Firm also offers legal assistance and advice in practices relating to the State of the person, such as: interdiction, incapacitation, support administration, adoption of the adult, change of name and surname.

Cass. Civ., Section II, sentence no. 1202 of 21.01.2020: “(..) If the spouses reach, in the assisted negotiation phase, an agreement of consensual separation pursuant to art. 6 of the legislative decree n. 132 of 2014, conv. from l. n. 162 of 2014, including the transfer of property rights, the transcription of this agreement requires, pursuant to art. 5, paragraph 3, of the same legislative decree n. 132, the authentication of the related report by a public official authorized to do so.”

Cass. Civ., Section III, sentence no. 2392 of 03.02.2020: “(..) In terms of cohabitation more uxorio an undue enrichment can be configured and it is therefore possible to propose the related judicial remedy, in the event that the services rendered by one cohabiting partner and converted to the benefit of the other exorbitant from the limits of proportionality and adequacy, that is, beyond the mere fulfillment of the obligations arising from the coexistence relationship, the content of which must be parameterised on the social and property conditions of the members of the de facto family. “

Cass. Civ., Section VI, sentence no. 29317 of 12.11.2019: “(..) Only the establishment by the divorced spouse of a new family, even if in fact, excludes any residual post-matrimonial solidarity with the other spouse, who can only trust in the definitive exemption from any obligation, as a result of which cohabitation of another nature – such as that with a relative or friend – does not detect in order to exclude the recognition of the allowance at the root.”