Divorce is the juridical institution that allows the civil effects of marriage to be dissolved and ceased when spiritual or material communion has failed between the two members of the couple. Separation does not definitively end the marriage but suspends its effects pending a possible reconciliation or divorce.
What Are The Types Of Divorce And What Are The Reasons Why You Get Divorced?
There are two types of divorces:
- judicial
- conjunct
Joint divorce occurs when the parties agree on the conditions, whereas judicial divorce occurs when the spouses do not agree. In the first case, both spouses must present the appeal together, in the second case only one of the spouses can present it. Given that each couple has a story of their own, the causes for which divorce can be sought are regulated by Article 3 of Law 898/1970 and refer in particular to cases in which one of the spouses is attentive to the life of the other or that of children or in cases where the crimes against the morals of the family. If the spouses separate and this separation lasts a long time (minimum 6 months for joint separation, 12 for judicial separation) then from that moment it is possible to request a divorce. The family law firms in Sydney are the best ones to deal with these matters.
What Does A Divorce Decree Decide And What Happens When It Is Obtained?
A divorce decree governs patrimonial matters, assigns the family home, establishes maintenance allowances and defines the custody of any children. Simple, you are no longer married. We can therefore remarry. The wife loses her husband’s surname.
The duties and rights descending from the marriage lapse
Let’s find out what the divorce lawyer, also called marriage counsel, does. We understand together the subject matter and how to choose it judiciously.
The duties of the divorce lawyer=
In common usage, the divorce lawyer is also called matrimonial or familiarity. But is it the same professional figure or are there differences? Yes, indeed it is the same professional figure even if the common language often misleads and makes us believe that the same professional is actually three.
The divorce lawyer is specialized in family law, in succession, in the rights of the child and in those of the person. Going into the specific, however, the term “family law” is very generic and inside it is enclosed very particular cases and the subject is too vast not to have successive subdivisions. So it is useful, before understanding the function of the divorce lawyer, to understand the meaning of family rights. Let’s start with giving a complete list of the subjects contained within the meaning of the term:
- Marriage
- Divorce
- Separation
- Union of de facto couples
- LGBT unions
- Registered cohabitation
- Cohabitation more uxorious
Having made this precise list, we enter more specifically, starting, once again, from reiterating the concept that although the divorce lawyer is also called matrimonial or familiarist, in reality, it is the same professional figure: unfortunately, it is the current use of language that leads to this misinterpretation.
