Civil Law

civil law

In the area of Civil Law, the Pillon and Napoleoni law firm deals with:

Contact the law firm in Perugia to request quotes, advice, assistance and detailed information about civil law.

Separation

The firm offers its expertise in the field of family law for advice and assistance in cases of marital crises. Prior to separation, whether consensual or judicial, our professionals will assess each viable alternative in the interests of the family, including use of family mediation. By its very nature as a temporary situation, the separation must be handled with great care and delicacy.

Conditions of judicial separation are intolerability of cohabitation or serious detriment to the upbringing of offspring (Art. 151 of the Italian Civil Code), and consensual agreement from both spouses (Art. 158 of the Italian Civil Code). In both types of separation, regulation of property relations and also of personal relationships is left to the judge's ruling. Said judge will determine the respective entitlements or approve the agreement between the spouses. In view of this, it is vital that professionals with good experience behind them take charge of the situation, as this allows them to approach this all-too-delicate situation with the necessary determination and farsightedness.

Having ascertained that those suffering in a crisis of this sort will always be the microcosm of the family, whether that is understood as the relationship between the spouses or between spouses and children, our firm will seek to follow the procedure set out with the utmost professionalism, also dealing with questions of child custody and division of property between spouses.

Marriage Annulment

In marriages celebrated with a Catholic religious ceremony, alongside the possibility of dissolution of the marriage from the perspective of civil law, sometimes there is a need to clarify whether the conditions required to validate the marriage in canonical law are present when the marriage takes place.

Given the sacramental nature of marriage between baptised persons, under canonical law, only the ecclesiastical court has jurisdiction over this bond and can declare the marriage annulled (can. 1055 § 2, 1059, 1401 n. 1, 1671 c.i.c.) and only the Pope can declare the dissolution of a marriage if it is ratified and not consummated (can. 1142 c.j.c.).

The firm considers clarification on this matter and a review of the situation by the ecclesiastical authorities to be essential for the interests of the family. We therefore maintain constant contact with counsellors at the ecclesiastical Tribunals, taking every opportunity to collaborate with them on consultations and coordinated activities.

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