The separation of the spouses is the situation in which, for reasons expressly provided by law, spo

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The separation of the spouses is the situation in which, for reasons expressly provided by law, spouses are to be under court order or to their will; from this situation, while remaining unchanged oscar contenders the marriage bond, comes the cessation of cohabitation obligation arising from marriage.
For the assessment intolerability of cohabitation is irrelevant the fault of the spouses. Article. 151 cc says that the intolerance may also be independent of the will of one of the spouses. Another thing is the conduct that violates the duties involved in marriage that will be evaluated for the purpose of the charge.
The demand for separation oscar contenders is proposed with the Appeal Court of the place of the last common residence of the spouses oscar contenders or, failing that, a place where the defendant is resident. If the spouse of the defendant is resident abroad, oscar contenders or it is impossible to find the request may be proposed in the place of residence or address of the applicant oscar contenders (art. 706 CCP). Having identified as the main criterion of competence that of the common residence ease the plaintiff in all cases in which the spouse to sue has moved away from the family oscar contenders home and has moved elsewhere.
The President of the Court fixed by decree in the bottom of the application, the hearing date for the personal appearance of the spouses for conciliation and for the issuing of provisional and urgent oscar contenders in the interest of the children and spouses. The judgment concludes with a judgment.
As part of the process of separation of the spouses the court decides on: charge separation spousal support child custody and keeping them assignment of the marital home
In the proceedings for judicial separation you can ask the court for a preliminary charge, oscar contenders if one spouse has violated the duties arising from marriage. These duties (identified oscar contenders by 'art. 143 cc) are the duty of loyalty, oscar contenders the duty of moral or material assistance, collaboration in the interest of the family and cohabitation. But not enough to conduct contrary to the marital obligations, there must be a causal connection oscar contenders with the failure of the marriage itself. If the marital crisis intervened for reasons more and different, and perhaps before, oscar contenders the violation of marital obligations, there will be room for a preliminary charge of the separation (Cass. Civ. No. 25560/2010). The separation can also be pronounced with a charge to both spouses.
The spouse that has been charged separation, although versa in economic conditions that would justify the recognition of child support, it loses its right. Remains intact the right to food which is obliged first spouse, if there are the conditions of the state of need and the inability to provide for themselves in view of the physical condition, age and social position oscar contenders of the spouse. Loss of inheritance rights
The separated spouse which has not been charged for the separation keeps the same rights of the spouse not separated (art. 548 cc). If the debit spouse loses the title of heir with and the special right of residence of the marital oscar contenders home including the use of the furniture that decorate. Loss of the right to social security benefits of the deceased spouse
Previously the spouse lost the right to receive the survivor's pension and other benefits provided by law. After the intervention of the Constitutional Court (judgment no. 286 of 28 July 1987) which declared unconstitutional the law, at first the Supreme Court has recognized the right to receive the survivor's pension to the spouse separated by charge but only if the holder of alimony, later it was recognized in general law that the spouse separated by charge (Case no. 6684 of 19 March 2009 en. 4555 of 25 February 2009).
The spouse who has not been charged for the separation is entitled to receive from the other spouse