National Trends in Family Law: An Immediate Look at Economic

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Title III: The effects of the annulment of marriage, divorce and judicial separation (1) In cases of nullity of marriage, divorce or judicial separation, if there are children under the parental authority, the following must be dealt with: (A) The parent with whom the children shall have to live together and also, if this applies, the rights of access, the periods of stay and communication with the father or mother with whom such children do not live. (B) The way in which the custody of the children has to be exercised, in the terms established in Article 139. (C) The sum that has to be paid for childrens support, in accordance with Article 143, by the father or mother, and the periodicity and means of payment. (D) The rules for the updating of the support payments and, eventually, of the guarantees to ensure them. (2) If there are children of age or emancipated who live with one of the parents and have no earnings of their own, it shall be necessary to establish the support that corresponds to them under the terms established in Article 259. (3) The remaining aspects that, according to the circumstances of the case, will need to be dealt with are the following: (A) The attribution of the use of the family dwelling, with the appropriate household equipment and, eventually, the use of the other residences. (B) Any maintenance allowance or support payment that, if any, shall be made by one of the spouses in favor of the other spouse. (C) The manner, if any, in which the spouses continue to contribute to family expenses. (D) The rules for updating support and maintenance payments and, if necessary, the guarantees to ensure their payment. (E) The liquidation, if necessary, of the matrimonial property regime and the division of common assets and properties, in accordance with what is established in Article 43.

Pages: 24

Publisher: West, Aspatore Books (May 1, 2011)

ISBN: 0314277439

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