In a divorce, decisions regarding the dissolution of the marriage, the assets and the children follow different rules. Evidence counts, but the outcome depends on the basis of the claim, the matrimonial regime, the agreements between the spouses, and the best interest of the child.
Ways and reasons for divorce
The Civil Code provides for divorce by agreement, divorce for grave reasons that have seriously harmed the relationship, divorce after at least two years of actual separation, and divorce requested by the husband whose state of health makes the continuation of the marriage impossible. Under the law, divorce by agreement can be established at the notary’s office or in the civil registry; if there are minor children, the notary may establish the divorce when the parents agree on the aspects required by law regarding the children.
Division of property
First, the matrimonial regime is verified and whether the property is common or personal. For common assets acquired under the community of property regime, the spouses’ contribution is presumed equal until proven otherwise. Either spouse can prove a different contribution; the analysis may include direct and indirect contributions, depending on the specific situation. Property deeds, credit agreements, proof of payments, and other financial documents may be relevant. Not every item used by the family becomes automatically common property.
Children after divorce
After the divorce, parental authority usually reverts to both parents; the court can decide otherwise when the reasons and the child’s interest justify it. If the parents do not reach an agreement that is appropriate for the child’s best interests, the court determines the child’s place of residence and the schedule of personal contacts, analyzing the concrete circumstances. The hearing of the child who has reached the age of 10 is mandatory under the law; the younger child may also be heard if the competent authority deems it necessary.
Documents about the home, school, care program, and the involvement of each parent can be useful. There is no list of evidence that guarantee a specific solution; the court assesses the entire situation and the best interest of the child.
If there is violence
The danger or violence in the family must be treated as a separate and urgent issue, independent of the pace of the divorce proceedings. The law allows for the request of a protection order under the conditions provided by law. In case of immediate danger, call the emergency services and the competent authorities.
You can consult Civil Code regarding divorce and property, the rules regarding parental authority and Law no. 217/2003. For assistance in family law, see Dedicated page. The information is general; the necessary documents and evidence depend on the specific case.
