Separation, Divorce and Finances

Going through a separation or divorce can feel like one of life’s biggest challenges. Our leading team of divorce and family lawyers is here to guide you through the process with clarity and compassion, ensuring your interests are protected every step of the way with discretion, expertise, and unwavering support.  

One of the most difficult aspects of separation or divorce is understanding how to divide finances fairly. It is crucial to understand which matrimonial property regime applies, as this dictates how assets are handled upon divorce. While the "community of property" (comunione legale) is the default system in Italy, spouses can formally opt for a "separation of property" (separazione dei beni) regime.

Under this arrangement, each spouse maintains exclusive ownership of all assets acquired during the marriage. Consequently, upon separation, there is no joint marital estate to be divided, which greatly simplifies the financial settlement process. Each party retains their own property, although obligations concerning spousal and child support are assessed independently based on legal criteria. 

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HOW CAN VARDAGS HELP YOU?  

Strategic Separation and Divorce Representation:  

• Whether you are initiating proceedings or responding to a petition, we provide tailored strategies to protect your interests, explain your options and help you make informed decisions. 

Financial Settlements: 

Dividing assets and securing your financial future is a critical part of any separation or divorce. The process can be complex, involving not just property but also maintenance agreements, business interests, and international holdings.  

• A key step in the process is the dissolution of the legal communion of assets (comunione legale). It is important to understand that this does not happen at the beginning of the legal proceedings, but rather at a precise moment: either when the court president authorises the spouses to live separately or upon the signing of a consensual separation agreement.  
• From that point on, any assets that were held in the comunione legale transition into a state of ordinary co-ownership (comunione ordinaria), subject to division that is typically done in equal parts. 

Maintenance:  

Beyond asset division, spousal support is a central issue. Italian law distinguishes between two types of maintenance: 

• Separation Maintenance (Assegno di mantenimento): This is based on the principle of marital solidarity and aims to preserve, as much as possible, the standard of living enjoyed during the marriage. However, the right to receive this maintenance is permanently lost if the recipient enters a new, stable cohabiting relationship that mirrors a marital bond. 
• Divorce Maintenance (Assegno divorzile): This is not tied to the previous standard of living. Instead, it is determined based on a comprehensive evaluation of factors including the spouses’ economic conditions, the duration of the marriage, each person’s contribution to the family’s life and assets, and the objective ability of the receiving spouse to become self-sufficient. In some cases, this can be settled with a one-off lump-sum payment (una tantum). 

Child Arrangements: 

• Where children are involved, our lawyers prioritise their welfare while guiding you through the most practical solutions for living and contact arrangements. 

International and Complex Cases: 

• Our team is experienced in cross-border disputes, jurisdictional issues, and enforcement of orders worldwide.

WHY CHOOSE VARDAGS?  

Facing a separation or divorce involves making decisions that can have a significant impact on your personal, family, and financial circumstances.

In this context, it is essential to have access to legal advice that is experienced, attentive, and strategically focused.

Vardags advises clients on all aspects of family law, with experience in matters involving international elements, complex asset structures, company interests, trusts and significant financial issues.

Our lawyers support clients throughout every stage of the process, from arrangements concerning children and family life to the protection of financial and property interests, adopting a rigorous, discreet and solution-focused approach tailored to the specific circumstances of each case. If you are facing a separation or divorce, please contact us for a confidential consultation.

We will take the time to understand the circumstances of your situation, explain the options available to you and support you in making informed decisions about your future and that of your family.

Our objective is to provide specialist, personalised advice that reflects the personal, family, and financial considerations unique to each client.

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