In a separation agreement, it is necessary to outline the custody and visitation arrangements with parents for minor children; the methods of support for minor children or adult children who are not yet self-sufficient; the disposition of the family home; and the financial relationship between the spouses in cases of economic disparity and the need for one spouse to support the other. Beyond this minimum content, separation can also be an opportunity to address financial matters between spouses, benefiting from significant tax exemptions.

Child support can take the form of periodic contributions (maintenance payments) or what is known as direct support (each parent provides for the children during the periods they are with that parent). Direct support can be applied in cases where there is equal custody of the children and income parity between the parents. In other cases, support is provided through a periodic payment from one parent to the other.

There are no predefined formulas to determine the amount of the maintenance payment based on the parents’ incomes. The criteria guiding maintenance determinations are essentially twofold: on one hand, the children’s needs, taking into account their previous standard of living, as ideally, children should be able to maintain the same standard of living with both parents as before; on the other hand, the income capacities of the parents.

Extra maintenance expenses refer to those that meet at least one of the following criteria: occasional or sporadic (temporal criterion), burdensome (quantitative criterion), or discretionary (functional criterion). These generally include expenses related to education, leisure activities, and healthcare. Each parent is required to contribute to the payment of these extra maintenance expenses according to the percentage agreed upon by the parties or as ordered by the court, as necessary for the children. Many courts have developed guidelines or protocols to specify which expenses are considered extra maintenance and which require prior agreement between the parents.

The maintenance allowance, which may be ordered or agreed upon following the separation of spouses, is intended to ensure that the economically weaker spouse can maintain the same standard of living they had while married.

The divorce allowance, which may be ordered or agreed upon following the dissolution or termination of the civil effects of marriage, is not linked to this parameter. The sole purpose of this allowance is to ensure economic self-sufficiency, meaning the ability to support oneself independently, regardless of the other spouse’s income, which may be significantly higher.

Both the maintenance allowance in separation and the divorce allowance constitute income and are subject to taxation.

With regard to furnishings, an initial distinction concerns the family home. If the home is assigned to one spouse, it is usually assigned with all the furnishings currently in place (excluding any pieces that are considered personal belongings of the other spouse but are not actual fixtures of the home, such as paintings, mirrors, a particular lamp, or a specific chair/armchair).

With this premise, the guiding principle distinguishes between personal belongings (usually acquired before marriage or originating from each spouse’s family) – which remain as such – and items purchased during the marriage, which are presumed to belong equally to both unless proven otherwise. These latter items are therefore to be divided.

Cohabitation agreements are contracts through which two people in a stable, affectionate partnership can regulate certain economic and property aspects of their life together. The law grants certain rights to cohabiting partners (for example, in cases of illness or hospitalization, or concerning the home where the cohabitation took place), but it also allows the parties broad freedom to establish additional and different terms. These terms can be set when the contract is made or added later, covering aspects such as each partner’s contributions to their shared life or the property regime governing purchases made during the cohabitation.

At the origins of collaborative law lies the idea of American attorney Stuart Webb, who in 1990 expressed his insight in a letter to Judge Sandy Keith of the Minnesota Supreme Court, which later became famous and was published on numerous sites dedicated to the topic.

Attorney Webb had realized that, in some cases, during negotiations involving family law matters, a positive relational atmosphere spontaneously develops among the attorneys and their respective clients.

In these fortunate circumstances, Webb observed, everyone becomes influenced by a collaborative dynamic that encourages the emergence of creative ideas for resolving the case. By the end of the process, everyone feels a great sense of satisfaction for having contributed, each with their own input, to an agreement that meets the fundamental needs of the family as a whole.

Reflecting on these situations, where a positive energy climate arises from a well-established relationship, Webb asked himself in that letter, “why not create such an atmosphere deliberately?”

In light of the commitments made, the advantages of this process are profound and are better understood when considering a long-term perspective on the lives of people facing family conflicts. It is not, of course, a magic formula that allows people to stop arguing to accommodate each other: the couple remains within their conflict but moves along the tracks of a protected path, shielded from the distortions caused by mutual tactical maneuvers.

The main driving force behind the mechanism is transparency, which gradually builds a sense of trust that permeates the entire team.

The process can only conclude with an agreement that satisfies both parties, meaning an agreement to which both genuinely consent. This not only promotes the spontaneous execution of the agreed terms but also ensures the longevity of the contract, as well as the lasting acquisition of awareness and collaborative skills. This will enable the parties to face any new challenges that may arise in the future, as circumstances change, with the same spirit.

In Collaborative Practice, professionals beyond attorneys may also be involved.

A role that is increasingly seen as essential is that of a communication facilitator during meetings, although other professionals may also play an important role depending on the specific needs of the case (for example, other family relationship experts or an accountant).

In this way, Collaborative Practice is characterized by a multidisciplinary approach and teamwork.

While it is excluded that a single lawyer can represent both parties, the other professionals involved serve as impartial third parties, appointed by both parties as experts for a specific issue.

Attorneys and other professionals can practice collaborative law only after completing specific training.

Lists of trained professionals registered with the relevant associations can be found on the websites of the Italian Association of Collaborative Professionals, www.praticacollaborativa.it, and the International Academy of Collaborative Professionals, www.collaborativepractice.com.

It is especially advisable in complex and/or contentious situations to avoid the typical escalations of conflict, to protect the children as well as the parties themselves.

In any case, both parties must be willing and able to adhere to the principles outlined and to maintain respect for the other person. During the process, difficult moments are inevitable, with raised voices, anger, and distrust in the other party possibly emerging, but this path is designed specifically to contain and address all these challenges.

For example, the opportunity to reflect again on the shared principles and the benefits of the chosen process greatly helps to overcome impasses.

De facto cohabitation is regulated by the Cirinnà Law No. 76 of 2016, which governs de facto couples, both heterosexual and homosexual. This legislation expressly grants these types of families specific rights, such as mutual assistance and cohabitation, as well as the possibility of entering into Cohabitation Agreements to define property and organizational aspects of their shared life.

Civil Unions are also regulated by the Cirinnà Law No. 76 of 2016 and provide a form of legal recognition for same-sex couples, granting rights and duties similar to those of marriage, including moral and material support, cohabitation, and mutual obligations of contribution and fidelity.