Assisted negotiation represents an alternative and less conflictual solution for dealing with the delicate issues related to separation and divorce. Introduced in 2014 with Legislative Decree No. 132, converted with modifications by Law No. 162, this procedure offers spouses the opportunity to reach a consensual agreement with the assistance of a family lawyer.
The family lawyer plays a crucial role in assisted negotiation. Their presence is essential to ensure that the rights and interests of both parties are respected. The divorce lawyer guides the spouses through the negotiation process, facilitating dialogue and proposing solutions that may not be immediately evident to the parties.
Assisted negotiation begins with the signing of an agreement between the parties and their respective family lawyers. This document defines the rules of the procedure and the objectives to be achieved. Subsequently, a series of meetings are held in which the parties, assisted by their lawyers, seek to reach an agreement on issues such as child custody, maintenance, and the division of assets.
Assisted negotiation is regulated by specific legal provisions that govern its operation and ensure its legal effectiveness. The agreements reached through this tool have the value of an enforceable title and, if they involve asset-related issues or matters concerning minor children, must be submitted to the Public Prosecutor's Office, which verifies their compliance with the best interests of the minors.
If you are going through a separation or divorce and wish to explore the possibility of assisted negotiation, contact the Bianucci Law Firm. Our family lawyers are ready to offer you personalized advice, helping you choose the solution that best suits your needs and those of your family.