When a couple decides to separate consensually, one of the most important steps to understand is that of homologation. This technical term can generate confusion or worry, but in reality it is a more formal than conflictual moment. Understanding well what the homologation of the divorce is, what effects it produces and what its timeframes and costs are helps to live this phase with greater peace of mind.
What homologation is and why it is necessary
In a consensual divorce, the spouses reach an agreement on all economic, patrimonial and family aspects, including custody of the children, maintenance allowance and management of the assets. This agreement is formalised with the assistance of the lawyers and then filed with the court. “Homologation” is the act with which the judge verifies that the agreement respects the interest of the children and is not contrary to the law.
The procedure involves a hearing in court in the presence of the spouses and the lawyers. The judge listens to the parties, checks the documents and, if it considers that there are no irregularities, issues the homologation judgment of the divorce. From that moment, the agreement becomes effective and binding.
Timeframes and costs of the homologation of the divorce
The timeframes for the homologation of the divorce can vary depending on the court, but on average it ranges from one to three months from the hearing. In some cases, especially in less congested courts or where there are well-structured agreements, the timeframes can be shorter.
As regards the costs of the homologation of the divorce, these depend on the complexity of the agreement and on the fees applied by the lawyers. In addition to the lawyers’ fees, any registry expenses and the contributo unificato (variable but contained) must be considered. In any event, the costs are generally lower than for a judicial divorce.
What happens after homologation and what to pay attention to
Once the judgment has been issued, the homologated agreement enters into force. But what happens after homologation in people’s concrete lives? A new phase begins in which each party must respect the commitments made. This concerns any maintenance allowance, the management of the family home, the children’s visiting calendar, and every other clause of the agreement.
Among the most common surprises in divorce is the conviction that homologation automatically resolves every problem. In reality, it is good to know that any changes in economic or family conditions may require a modification of the agreement, which will need to be assessed again by the judge.
Understanding every phase of the procedure, knowing one’s rights and duties and relying on professionals who can accompany with balance and precision is essential to face divorce with clarity. Studio Legale Boschetti, with its experience in family law, offers attentive and qualified support to those who wish to face this transition in the most peaceful way possible.
