When we speak of consensual separation, we mean the shared will of the spouses to take a break from marriage, pending divorce or reunification.
The consensual separation can take place in different ways that we will explain in detail: in court , before the Mayor or through assisted negotiation with the help of lawyers.
The effect of separation is to put certain matrimonial obligations on standby, such as fidelity and coexistence ; instead the right to the maintenance allowance persists , but only if one of the spouses actually needs it. When the decision is consensual it means that between the spouses there is an agreement regarding the management of the children, the assignment of the house and any other matter relating to the property aspects.
In this practical guide we will see how to proceed with the consensual separation, the model for making the request and the necessary times.
Consensual separation: how to proceed in court
One of the ways to proceed with judicial separation is in court . To initiate this procedure, the spouses must file the appeal in the registry of the court where one of the parties has his residence or domicile. Once the file has been opened, the court will ask for a copy of the marriage certificate, the spouses’ tax returns and any other useful documentation.
Within 5 days of receiving the appeal, the presiding judge sets the date on which both spouses must appear in court. Here the judge will first have to prove a marriage settlement ; only in case of refusal of the parties, the judge will separate. The decision of separation, when there is the agreement of both, consists in the reading by the judge of the agreements made by the spouses on property, home and management of the children and will provide for the decree of approval of the expressed wishes. Without approval, the separation has no effect.