The art. 6 of Law no. 162/2014 provides for the possibility, for spouses or ex-spouses, to resort to the negotiation agreement assisted by one or more lawyers for each party, in order to conclude a separation or divorce agreement or to modify the conditions of separation or of divorce.
Who is interested in adopting this new procedure must contact a lawyer to verify the legal requirements and the required obligations.
The agreement reached is equivalent to the judicial provisions that define the proceedings of legal separation, cessation of civil effects or dissolution of marriage or modification of the conditions of separation or divorce.
Following the entry into force of Law no. 55 of 6 May 2015, the separation deadlines for obtaining a divorce are reduced to 6 months in the case of consensual separation, to one year in the case of judicial separation
Information and contacts
Municipality of Verona
Citizen Services Directorate
Separation and divorce office
Via Adigetto 10 – 3rd floor
To request information and/or deliver agreements, you need to book an appointment:
Lawyers who conclude an agreement must send the certified copy of the same, with the authorization of the Prosecutor’s Office or authorization, using one of the following methods:
- PEC a [email protected] (document with digital signature of one of the lawyers assisting the partiesequipped with a certificate of conformity of the digital copy of the document to the paper original)
- registered mail with return receipt to: Municipality of Verona – Separation and divorce office c/o Citizen Services Directorate, via Adigetto 10, 37122 Verona (VR)
hand delivery
Attention: other sending methods are not valid
Who cares
Lawyers and their clients (separating/divorcing spouses)
Come
The lawyers of the parties are competent to receive the agreement.
Two cases can arise:
1) There are no minor children, incompetent adult children or those with serious disabilities or who are not economically self-sufficient.
The lawyers transmit the concluded agreement to the Public Prosecutor who:
- when no irregularities are detected, it communicates the clearance
- when it detects irregularities it communicates the denial of the authorization
Within 10 days from the date of communication to the parties of the provision of the Public Prosecutor or the President of the Court, the lawyers must transmit the agreement, equipped with the permitat the separation and divorce office of the Municipality of:
- registration of the civil marriage certificate
- transcription of the marriage certificate celebrated with the concordat rite or other religious rites
- transcription of the marriage celebrated abroad by two Italian citizens or by an Italian citizen and a foreign citizen
2) There are minor children, adult children who are incapable or have a serious handicap or are not economically self-sufficient.
The lawyers transmit the concluded agreement to the Public Prosecutor who:
- if he considers it to be in the interests of his children, he will authorize
- if he does not consider it to be in the interests of the children, he transmits it to the President of the Court, who arranges the appearance of the parties
Within 10 days from the date of communication to the parties of the provision of the Public Prosecutor or the President of the Court, the lawyers must transmit the agreement, with the authorizationat the separation and divorce office of the Municipality of:
- registration of the civil marriage certificate
- transcription of the marriage certificate celebrated with the concordat rite or other religious rites
- transcription of the marriage celebrated abroad by two Italian citizens or by an Italian citizen and a foreign citizen
It is sufficient that the transmission takes place by one of the lawyers who assisted one of the spouses, with a transmission note signed by both (see Forms)
The law applies to a lawyer who violates the obligation to send within 10 days fine from 2,000 to 10,000 euros
Dove
From the lawyers of the parties
Last updated: October 21, 2024
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