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Free Guide to Hiring a Family Lawyer
Divorce and separation in Piacenza are governed by national Italian law and handled locally by the Tribunal of Piacenza. Separation is the formal suspension of marital duties, while divorce definitively ends the marriage. Couples can proceed consensually when they agree on children, property and finances, or through a contested process when they do not. Since the 2015 reform often called divorzio breve, the waiting time between separation and divorce has been shortened, and there are streamlined out-of-court options for many families. The court gives priority to the best interests of children, fair economic arrangements and protection from violence.
Family cases can be emotionally charged and legally complex. A lawyer can help you:
- Choose the right path among consensual separation, contested separation, assisted negotiation, municipal registrar procedures and divorce.- Draft complete parenting plans, define custody and visitation under shared custody rules and calculate adequate child support.- Assess spousal maintenance rights and obligations, based on evolving case law and your specific contributions during marriage.- Identify and divide marital assets under the correct property regime, manage the family home, pensions and business interests and address hidden assets or debts.- Navigate cross-border issues when one spouse lives abroad, when you married overseas or have different nationalities.- Seek urgent protective measures in cases of domestic abuse or economic violence and coordinate with criminal proceedings if needed.- Avoid procedural mistakes, reduce delays and ensure agreements are enforceable and compliant with local practice in Piacenza.
- Courts and procedure in Piacenza: Family matters are filed with the Tribunal of Piacenza. Since 2023, the unified family procedure applies, which streamlines filings, hearings and evidence in cases involving persons, minors and families. Consensual applications are typically faster and largely document-driven, while contested cases require hearings and evidence.
- Separation types: Separazione consensuale is an agreement approved by a judge. Separazione giudiziale is decided by a judge when spouses disagree. Separation regulates custody, use of the family home, child and spousal maintenance and possession of assets, but does not dissolve the marriage.
- Divorce types: Divorzio congiunto is a joint application with a complete agreement. Divorzio contenzioso is litigated when there is no agreement. Divorce terminates the marriage and may confirm or change measures set at separation.
- Waiting periods under divorzio breve: You can file for divorce after 6 months from the separation if it was consensual or done via assisted negotiation or before the municipal registrar, or after 12 months if the separation was judicially contested. The term usually runs from the first appearance before the judge, or from the date of an assisted negotiation agreement or registrar declaration.
- Out-of-court options: Assisted negotiation with lawyers allows separation or divorce by agreement without a court hearing, subject to review by the Public Prosecutor when there are minor or dependent children. Couples without minor or non-self-sufficient children can also separate or divorce by declaration before the civil registrar at the Municipality of Piacenza, with simple terms and a modest administrative fee.
- Children: Shared custody is the default under Law 54-2006, with parenting time and child support based on the best interests of the child. Sole custody can be ordered in exceptional cases. The home is usually assigned to the parent with whom minor children primarily live.
- Property regimes: If you did not opt for separazione dei beni, the default regime is comunione legale. Assets acquired during marriage generally belong to both spouses, with exclusions for personal property, pre-marital assets and gifts or inheritances. Division follows the property regime and any valid marital agreements.
- Spousal maintenance: During separation it is called assegno di mantenimento. After divorce it becomes assegno divorzile. Courts assess economic disparity, duration of marriage, age and health, work capacity, and the roles and contributions of each spouse. The Supreme Court has clarified that the post-divorce allowance has a compensatory and equalizing function, not only support.
- Violence and urgent protection: Courts can order removal from the family home, restraining orders and other protective measures. Criminal rules strengthened by the Codice Rosso provide fast-track protection and penalties for abuse and stalking.
- Cross-border rules: Jurisdiction and applicable law in EU cases are governed by Regulation 2019-1111 on jurisdiction and parental responsibility and by the Rome III Regulation on applicable law in divorce and legal separation. Italian Private International Law applies in non-EU situations. International child abduction issues follow the 1980 Hague Convention.
- Tax notes: Spousal maintenance payments ordered by a court are generally deductible for the payer and taxable for the recipient. Child support is not deductible and is not taxable for the recipient. Always confirm current tax rules with a professional.
Separation suspends the duties of cohabitation and fidelity and sets temporary arrangements for children, finances and the home. Divorce permanently ends the marriage and can confirm or modify those arrangements. In most cases you must separate before divorcing.
Six months if the separation was consensual or carried out via assisted negotiation or before the civil registrar. Twelve months if the separation was judicially contested. The clock usually starts at the first court appearance or the date of the out-of-court agreement or declaration.
The Tribunal of Piacenza handles separation, divorce and related family matters. Venue is based on the residence of the family or of the respondent, with specific rules when children are involved.
Yes, if you meet legal conditions. You can use assisted negotiation with your lawyers. If you have no minor or non-self-sufficient children and no complex property transfers, you may declare separation or divorce before the civil registrar at the Municipality of Piacenza. Agreements affecting children require review by the Public Prosecutor.
Shared custody is the default. The court or your agreement will set where children primarily live, each parent s time, decision-making and expenses. Child support depends on the children s needs, each parent s income and time with the child and the standard of living enjoyed during the marriage.
The right to live in the family home is usually assigned to the parent with whom minor children primarily reside, regardless of ownership. If there are no minor children, ownership and need are considered, and the home may be sold or one spouse may be granted temporary use or buyout terms.
Under the community regime, assets acquired during marriage are normally divided equally, with exclusions for personal items, pre-marital assets and inheritances or gifts. Under the separation of property regime, each spouse keeps what is in their name, subject to possible reimbursement claims. Business interests, pensions and debts are assessed case by case.
Courts consider the length of the marriage, age and health, the ability to work, economic disparity and the contribution each spouse made to family life and the other s career. Post-divorce maintenance has a compensatory and equalizing function, not only support. Agreements can set amounts if fair and lawful.
Italian courts can often take jurisdiction if you or your spouse habitually reside in Italy or if you jointly apply. EU regulations and Italian private international law determine jurisdiction and applicable law. Foreign marriages and divorces can be recognized in Italy if they meet legal requirements. Seek advice early in cross-border situations.
Timelines vary. Consensual procedures can conclude in a few months. Contested cases can take longer depending on complexity, evidence and court schedules. Costs include court fees, lawyer fees and any expert or mediation costs. Many lawyers offer transparent fee agreements after an initial consultation.
- Tribunal of Piacenza - Civil Section - Family matters: information on filings, schedules and certified copies.
- Public Prosecutor s Office at the Tribunal of Piacenza: mandatory review of agreements when there are minor or dependent children.
- Municipality of Piacenza - Civil Status Office: declarations of consensual separation and divorce for eligible couples.
- Bar Association of Piacenza - Lawyer directory and legal aid information.
- National anti-violence number 1522 and local anti-violence centers for urgent protection and support.
- Ministry of Justice resources on the unified family procedure and protective orders.
- Prioritize safety: If there is violence or threats, call 112 or 1522 and seek urgent protective orders. Document incidents and contact a lawyer immediately.
- Gather key documents: Marriage certificate, children s birth certificates, proof of residence, tax returns, pay slips, bank and loan statements, property deeds, vehicle titles, pension statements and insurance policies.
- Choose your route: If you can agree on children, finances and property, consider a consensual separation or assisted negotiation for a faster, less adversarial process. If not, prepare for a judicial filing.
- Plan for children: Draft a practical parenting plan covering schedules, holidays, decision-making, communication, school, health care and expense sharing.
- Assess finances: List marital and separate assets and debts, budget immediate needs, and consider interim measures for the home, support and expenses.
- Consult a local lawyer: A Piacenza family lawyer can evaluate your situation, explain timelines and costs, represent you in court or out of court and formalize enforceable agreements.
- Confirm taxes and benefits: Ask about the tax impact of spousal support, deductions and child benefits and notify employers or agencies as needed.
- File and follow through: Your lawyer will prepare and file the application with the Tribunal of Piacenza or assist with assisted negotiation or municipal registrar procedures, monitor deadlines and help implement orders or agreements.
This guide is general information and not legal advice. For advice tailored to your circumstances, speak with a qualified family lawyer in Piacenza.
