The advantages of consensual separation
Spouses who intend to suspend or terminate the civil effects of marriage can opt for a consensual or judicial procedure. In the first case, they can agree on all matters relating to property, the maintenance of the weakest spouse and offspring, as well as the assignment of the marital home. Once the agreement has been reached, the spouses can appear before the Court in order to obtain the approval of what has been agreed. In the case of a judicial procedure, however, a real dispute similar to the ordinary process will open, at the end of which the Judge will issue the separation or divorce judgment. The lawyer intervenes on the subject Francesca Coppola, family law consultant.
by Roberta Imbimbo
Coppola lawyer, why should we reach an agreement and avoid the trial?
Because it is the form of legal separation certainly preferable not only for the imaginable minor conflict that normally arises between the spouses – however with significant positive effects also on the management of the relationship with any children – but also because it presents procedural forms definitely slimmer and faster. In 1973 Paul Bohannan elaborated six dimensions that involve the couple in the moment of separation or divorce: among these, the most influential ones are certainly the so-called “Emotional divorce” or the dissolution of the life project together and the frustration that follows, and the “economic divorce” understood as a change in social status capable of creating conditions of economic hardship. Considering both aspects, it is of fundamental importance to strive for a consensual termination of the marital relationship in order to avoid further exacerbating an already seriously compromised relationship, dragging the spouse into a dispute that can last even several years.
What are the economic benefits associated with this procedure?
As regards the transfer of real estate and movable property registered between the spouses, it is possible to take advantage of tax breaks if the transfer is expressly indicated in the consensual separation agreement. Indeed, once the homologation has been obtained by the Court, the spouses can present it to the Notary and proceed with the transfer of ownership; the only cost to be paid will be the notary’s fee. In the event of separation and judicial divorce, however, the unsuccessful party is ordered to pay all the court costs. More. Opting for a consensual procedure allows you to speed up the time and proceed with the divorce only six months after granting the approval of the separation. In the case of judicial separation, however, the time to obtain a divorce is extended to 1 year from the first Presidential hearing. Furthermore, for the closure of the process and therefore for the issuance of the separation sentence, there will be a waiting time of about 3 years, although fortunately by virtue of Law no. 55/2015 the dissolution of the legal community and the authorization to live separately take place already in the first Presidential hearing and no longer with a final judgment.
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