Family
Cristiana Arru offers all the tools to start up a separation and divorce and is committed to making clients feel assisted and supported every step of the way. Apart from ethical conduct and a relationship with the client built on trust, the rights of your children will be central to the work undertaken. The choice of the most suitable options depends on the couple’s background and specific situation. For this reason, it is fundamental to have a detailed understanding of the clients past and present situation.
Separation
Separation is an institution where economic and personal matters are settled.
When a couples’ marriage comes to an end, they must go through a separation. This is an institution where the personal and economic matters of the two are settled temporarily in a juridical and psychological fashion. Often the terms evolve in a reconciliatory manner between the two parties or affirm that the crisis is irreversible and there is a possibility to begin a divorce. The procedure begins with an act, signed by both parties (mutual consent) or only by one party (in opposition). However, it is always best to turn to a qualified lawyer to assess the best option.
Cristiana Arru offers all the tools to undertake a separation, for married or de-facto couples and she is committed to making clients feel assisted and supported and she works hard to guarantee assistance in the separation of the two spouses who have been joined together in a civil marriage as well as unmarried couples.
Divorce
Through divorce, marriage is solved and/or civil rights regulated in case the couple has been united in a religious ceremony.
After a legal separation has continued without interruption for 6 months or 12 months if in opposition, a couple can apply for divorce. The terms of such, start from their first court hearing for their separation. In Italy, through divorce a couple no longer has the status of husband /wife and either party can re-marry.
Divorce is a legal tool used for the annulment of a civil marriage or for the cessation of marriages carried out in Church and then recorded in the Italian civil registry. Alongside the marital rites, the patrimony has to be considered, as well as the reasons for the separation and furthermore the issues linked to heirs and the succession of property.
People who have already faced a separation will be followed and supported by lawyer Arru to undertake the divorce procedures or the ceasing of effects of a civil marriage stipulated by one of the parties. The process begins with a recourse signed by both parties (in agreement) or otherwise when the couple cannot find a common solution, one of them can take legal action. Theoretically it is preferable to find a consensual agreement where a judge approves the conditions put forward by both parties. However, sometimes this is not possible.
Child’s rights
When a couple is falling apart, often children are involved. The role of a lawyer is primarily to safeguard their rights.
The Italian law concerning families is ‘child-centered’ and focuses its attention on safeguarding children. For this reason, the Tribunal for Minors was set up, which deals with civil cases where under -18s are involved (for example: sending children into temporary or full-time care, foster parents and guardians, national and international adoption) and where court-cases are held for trials for juvenile crime. With regards to the question of parental responsibility, it is generally dealt with by the Juvenile Court. However, each single case needs to be looked at carefully.
In either civil or judicial cases where children are involved, lawyer Cristiana Arru can help anyone who is need of this delicate journey. As children are the first to suffer and the first to pay for the consequences of their parent’s separation, in most cases our priority is to ensure that the separation is as painless as possible. Often kids need to be protected when a couple is in serious conflict or rather if they are the victims of physical and/or emotional abuse. Then we have to join forces with the Judicial Authority, the Police and the Social Workers to ensure they are safe. If the child is said to have committed a crime, a technical defense which bears in mind the various possibilities which the law provides in his/her favor is vital. Here, the commitment is to guarantee a fair trial.