Life Circumstances Change

A separation agreement or divorce decree captures a specific family and economic situation at a given moment. However, life is constantly evolving, and what was fair and functional yesterday may no longer be so today. Understanding when and how you can request a modification of the established conditions is the first step to adapting legal agreements to the current reality, ensuring the protection of your rights and, above all, the well-being of your children. As a divorce lawyer in Milan, lawyer Marco Bianucci deals with these situations daily, guiding clients through a clear and strategic legal path.

When Can Conditions Be Modified?

Italian law provides that separation and divorce conditions can be modified in the presence of "justified supervening reasons." This principle means that agreements are not immutable but can be revised if new, involuntary, and unforeseeable events occur at the time of their definition. Such changes must significantly alter the economic balance between the ex-spouses or the children's needs, making it necessary to adjust the original provisions to restore fairness and functionality.

What Aspects Can Be Reviewed?

The request for modification can concern various fundamental aspects of the agreements. The most common include the revision of maintenance payments for the spouse and children, should the economic conditions of one of the parents change drastically. Another element subject to modification is the allocation of the family home, which can be revoked if the premises that justified its attribution are no longer met. Finally, child custody arrangements and visitation schedules can be revised, always focusing on the child's best interest and adapting the provisions to their growth and the changed logistical or personal needs of the parents.

The Strategic Approach of Studio Legale Bianucci

Addressing a request to modify separation or divorce conditions requires expertise and a strategic vision. The approach of lawyer Marco Bianucci, a family lawyer in Milan, focuses on a detailed and personalized analysis of the new situation. The first step is to gather all necessary documentation to prove the supervening changes, such as new payslips, employment contracts, medical certificates, or documented expenses for the children. The primary goal is always to reach a consensual solution between the parties, through a new agreement that, once approved by the Court, becomes fully effective. This path is faster, less expensive, and reduces conflict. If an agreement cannot be reached, Studio Legale Bianucci provides the necessary assistance to initiate legal proceedings, representing the client with determination to obtain a fair review from the judge.

Frequently Asked Questions

Does cohabiting with a new partner automatically mean losing spousal support?

No, not automatically. However, the establishment of a stable and continuous cohabitation (more uxorio) by the beneficiary spouse is considered by case law a valid reason to request the revocation or a significant reduction of spousal support, as it presumes the creation of a new family unit with mutual material and moral assistance.

What happens if my ex-spouse does not agree with the modification?

If a consensual agreement cannot be reached, the only way is through legal action. It is necessary to file a petition with the competent Court, explaining the supervening reasons and providing evidence to support the request. The judge will then, after evaluating the situation and hearing both parties, decide whether and how to modify the existing conditions.

Can I request an increase in child support if their needs grow?

Absolutely yes. The growth of children involves a natural increase in expenses for education, sports activities, medical care, and social life. This increase in needs, if documented, represents a justified reason to request a revision and an increase in the maintenance contribution from the non-custodial parent.

How long after separation can I request a modification?

There is no specific time limit set by law. The request for modification can be made at any time when a significant, lasting, and involuntary change in the circumstances that led to the determination of the original conditions occurs. The key element is not the time elapsed, but the relevance of the change that has taken place.

Request an Evaluation of Your Case in Milan

If your personal, economic, or family situation has changed and you believe that your separation or divorce agreements are no longer fair, it is essential to act with the support of a professional. Contact Studio Legale Bianucci at via Alberto da Giussano, 26 in Milan for a clear and strategic evaluation. Lawyer Marco Bianucci will analyze the prerequisites for modification and guide you through the most appropriate path to protect your rights and those of your children.