{"id":2166,"date":"2024-11-18T17:37:25","date_gmt":"2024-11-18T16:37:25","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2166"},"modified":"2026-07-03T14:24:21","modified_gmt":"2026-07-03T12:24:21","slug":"modification-of-the-conditions-of-separation-and-divorce","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/separation\/modification-of-the-conditions-of-separation-and-divorce\/","title":{"rendered":"Modification of the conditions of separation and divorce"},"content":{"rendered":"

Modification of the conditions of separation and divorce<\/h1>\n
The economic and family conditions established during the divorce can be modified following significant changes in the lives of the persons involved. It is possible to request an update of the agreements to better respond to new needs. The procedure requires the assistance of a law firm experienced in family law.<\/div>\n
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The circumstances of every person’s life change over time, and so it is understandable that the need may arise to revise and modify the conditions established with separation or divorce. The law aims to ensure that these conditions are in line with the current reality of the parties involved.<\/p>\n

The modification of the conditions of separation or divorce, whether it concerns child custody, alimony, division of assets or other crucial issues, represents a fundamental aspect of family law. When these modifications are placed within an international context, complexity grows further. The applicable laws can vary considerably from one country to another and the coordination between jurisdictions can seem arduous. To correctly address these aspects, it is essential to understand the regulatory framework that governs separations and divorces, both at national and international level.<\/p>\n

At national level, as will be better specified later, our legal system provides that modifications to the conditions of separation or divorce can be requested through an application to the competent court, based on the law applicable to the case. In Italy, the judge can modify the conditions of separation and divorce in the presence of serious and justified reasons duly documented by the parties, such as the change of economic, family or other significant supervening circumstances that influence the well-being of the children or of the former spouses.<\/p>\n

In situations affecting private international law, instead, the reference legislation comprises several instruments, such as Regulation (EU) n. 1259\/2010 (the “Rome III” Regulation), which regulates the law applicable to separation and divorce between spouses of different nationalities, and the 1980 Hague Convention on the protection of children and cooperation in matters of international adoption, which can also affect decisions concerning child custody. Furthermore, in many cases, reference is made to bilateral conventions or agreements between the States involved, which regulate the recognisability and enforceability of decisions concerning separation and divorce.<\/p>\n

In this scenario, it is fundamental to turn to a specialised lawyer, with experience in national and international regulations, who can guide you through the various phases of the modification of the conditions of separation or divorce. With a targeted approach and an in-depth knowledge of the applicable laws, Boschetti Studio Legale is able to analyse your specific situation and propose effective and legally solid solutions. Addressing these modifications with the support of an expert will allow you to minimise conflicts and complications, ensuring that your interests and those of your children are protected in the best possible way. Our law firm offers dedicated and personalised advice, to ensure you that every change in the conditions of separation or divorce takes place in conformity with international regulations, with the aim of simplifying the process and effectively resolving any legal issue.<\/p>\n<\/div>\n

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Cases and scope of application<\/h2>\n<\/div>\n
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Proceeding with the modification of the conditions established with judgment of separation or divorce, and similarly with the modification of the conditions of foreign divorce, can become a complex process both nationally and internationally, especially when the spouses find themselves in situations involving aspects of cross-border law. If the spouses have different nationalities, for example, the case involves the application of regulations of several countries, each with specific rules in family law.<\/p>\n

In Italy it is provided that, in the case of conflict of laws between legal systems, jurisdiction is established on the basis of the habitual residence of the spouses. However, in the presence of different jurisdictions, the coexistence of different legislations can generate conflicts of law, requiring an in-depth study of the regulations of each country to ensure that the rights of both parties are protected. In such circumstances it is crucial to determine which jurisdiction has the power to issue valid decisions, in particular if the marriage was celebrated abroad or if the spouses have residences in different States.<\/p>\n

If the spouses reside in different countries, the situation becomes further complicated, since it is necessary to coordinate the various legal systems involved. Each jurisdiction may have its own principles and procedures for separation or divorce, and the definition of territorial competence depends on factors such as the habitual residence of the spouses, citizenship or the place where the marriage was celebrated. In Italy, the legislation provides that separation and divorce can be requested before the Italian court only if at least one of the spouses is resident in Italy. Furthermore, Italy has signed various international treaties, such as the 1970 Hague Convention, which establishes precise rules for determining jurisdiction in matters of separation and divorce between spouses of different nationalities. Expert legal advice therefore becomes fundamental to understand the competent jurisdiction and to follow the procedure in compliance with the laws of all the countries involved.<\/p>\n

Another relevant problem arises when the spouses have celebrated the marriage outside Italy. In these cases, the question of the recognition of foreign judgments can be a source of difficulty. Although Italy respects matrimonial freedom and generally recognises the marriage celebrated abroad, judgments of separation or divorce issued by foreign courts may not be automatically recognised in Italy. According to the Italian legal system, in fact, a foreign judgment of separation or divorce must be recognised only if it does not conflict with Italian public policy. This means that, to obtain the recognition of a foreign judgment, it is necessary that the decision respect the fundamental principles of our legal system, such as the right to defence and the protection of fundamental rights. In some cases, it may be necessary to turn to the Italian court to request the declaration of effectiveness of the foreign judgment, a procedure that requires attention to the compatibility between the foreign decision and the Italian legal system.<\/p>\n

In summary, the modification of the conditions of international separation requires an approach that simultaneously considers local and international regulations and bilateral agreements between the countries involved. In Italy, internal legislation is integrated with the principles established at European and international level, but the coordination between the different jurisdictions can entail complications, especially when issues relating to legal jurisdiction and the recognition of foreign judgments are dealt with. To address these issues adequately, it is fundamental to adopt a tailor-made legal strategy, capable of ensuring that all applicable provisions are respected.<\/p>\n<\/div>\n

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When it is possible to modify the conditions of separation and divorce<\/h2>\n<\/div>\n
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The conditions of separation can be modified when significant changes occur in the circumstances that justify such modification. In particular, various common situations can give rise to requests for modification, such as the evolution of economic conditions, the adaptation to the new needs of the children, or other changes that influence the balance established between the parties involved. Below, we explore the main cases in which a substantial change can justify a revision of the conditions of separation (this also being valid for the revision of the conditions of foreign divorce), integrating the concepts discussed previously.<\/p>\n

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  • <\/strong>Changes in economic capacity <\/em>\u2013 The economic capacity of one of the spouses may undergo significant changes, which make necessary an adjustment of the conditions relating to economic obligations, such as the maintenance allowance or alimony.<\/li>\n
  • Loss of work or reduction of income: the loss of employment or a significant reduction in income, for example, following an illness or a career change, may determine the need for a revision of the economic conditions provided. In this case, Boschetti Studio Legale assists the spouse who suffers such change in requesting a reduction of the maintenance allowance, where they are no longer able to bear the amount originally established.<\/li>\n
  • Increase in income or new sources of earnings: on the contrary, if one of the spouses acquires a new source of income or a salary increase, this could justify our assistance aimed at the adjustment of the maintenance allowance or of the alimony in favour of the other spouse or of the children, so that the resources are proportionate to the new economic-income capacities.<\/li>\n
  • <\/strong>New needs of the children <\/em>\u2013 The needs of the children may change over time, particularly with age, health or new educational and social needs, determining the need to modify the agreements relating to custody, maintenance and visitation arrangements. For example, changes may occur in activities, health or education: educational needs, unforeseen health expenses or other extraordinary needs may justify the revision of the initial conditions. If, for example, a child needs costly medical treatment or university education, these new needs could entail the request for an increase in the maintenance allowance or for another type of economic support.<\/li>\n
  • <\/strong>Relocations <\/em>\u2013 The relocation of one of the parents to a new locality, especially if it is a relocation abroad, can substantially affect the pre-existing agreements concerning custody, visitation and the right to maintenance. Relocations that influence custody or visits can be: a change of residence, in particular if the parent moves to another region or to another country, can make the original visitation agreements difficult or impractical. In such case, it may be necessary to revise the custody arrangements, such as the division of time spent with the children, or even modify the custody, taking into account the interest of the minor and the new logistical needs.<\/li>\n
  • <\/strong>New relevant information <\/em>\u2013 At times, in the course of separation or divorce, new information may emerge that had not been taken into consideration at the moment of the original decision. This information could affect the established conditions and justify a revision. The discovery of hidden assets or improper conduct may take on relevance: if, for example, it emerges that one of the spouses has hidden assets or has acted fraudulently during the separation, the injured party could request a modification of the conditions of separation, to ensure that the decisions are based on a complete and honest view of the resources and circumstances.<\/li>\n
  • <\/strong>Concord between the parties <\/em>\u2013 In some cases, ex-couples may reach a consensual agreement to modify the conditions of separation, without the need to resort to a complete legal proceeding. These are agreements of modification through mediation or direct negotiation when both parties agree on a change in the conditions. In this case it is possible to modify the agreements through a formal understanding, for example through mediation or a legal agreement that reflects the new needs of both parties. This approach allows the situation to be resolved more quickly and efficiently, avoiding long and expensive legal proceedings.<\/li>\n
  • <\/strong>Violation of the existing conditions <\/em>\u2013 Another reason why a modification may be requested is the failure to comply with the established conditions, which may damage one of the parties involved or compromise the effectiveness of the agreement. In the case of breach of obligations, that is to say if one of the parties does not respect the obligations provided, for example in the payment of the maintenance allowance or in the visitation arrangements, the other party may request a modification of the conditions of separation. In these cases, Boschetti Studio Legale is at your side to start a legal action in order to compel the fulfilment of the obligations.<\/li>\n<\/ul>\n

    A lawyer experienced in family law is essential to guide the parties in case of significant changes in the conditions of separation or divorce. They assess whether the new circumstances justify a modification, assist in the legal procedures and protect the rights of all. In the event of conflict, they may propose solutions such as mediation, with particular attention to the well-being of the children. The conditions of separation and divorce can be revised if there are valid legal reasons, and a lawyer helps to manage the process in the common interest.<\/p>\n<\/div>\n

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    Jurisdiction and proceedings for the modification of the conditions<\/h2>\n<\/div>\n
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    The revocation of the assignment of the marital home is an issue that can be raised in various contexts, every time that family, economic or personal circumstances undergo significant changes.<\/p>\n

    When a spouse or a parent no longer needs the home as it no longer represents a necessity for their well-being or that of the children, a revision of the assignment may be requested.<\/p>\n

    However, every request for revocation must be adequately supported by legal and documentary reasons, in order to justify the modification with respect to the initial situation.<\/p>\n

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    1. One of the first causes that may justify the revocation concerns the custodial parent who leaves the marital home<\/strong>. This can happen in two main contexts: in the case of a relocation<\/strong> for work reasons or for personal reasons. If a parent is forced to move to another city for reasons related to their professional career, or for other relevant reasons, the marital home may no longer be necessary as the main residence.<\/li>\n
    2. Furthermore, the revocation may also be requested when the custodial parent starts a new stable cohabitation<\/strong> with another partner. If the parent enters into a new relationship and decides to live with the new partner, the fact that the marital dwelling is maintained could prove inappropriate, since the new family configuration would render the assignment superfluous.<\/li>\n
    3. Another scenario that can lead to revocation concerns changes in the needs of the minor<\/strong>. The situation of the minor or adult child, in fact, can evolve over time, with direct effects on the assignment of the marital home. A frequent case is the achievement of the minor’s economic autonomy<\/strong>, which can render the marital dwelling no longer necessary as support. For example, if the minor, now an adult, has completed their studies, has found a job and has acquired their own financial independence, the marital home may no longer be seen as a place necessary for their stability.<\/li>\n
    4. Another change that may affect the assignment is the relocation of the minor’s residence<\/strong>. If the child decides to relocate elsewhere for study reasons, to live with the other parent or for other reasons, the assignment of the marital home could be reconsidered. In these cases, the housing need may cease, justifying the revocation of the initial decision.<\/li>\n
    5. A further reason that may push for the revocation of the assignment of the marital home is an economic improvement of the beneficiary spouse<\/strong>. If, following an increase in their economic resources, the beneficiary spouse no longer needs housing protection, the marital home could be considered superfluous. For example, if the spouse has found stable employment or has seen a significant increase in their income, the need to maintain the dwelling could be downsized. In such circumstances, the assignment of the marital home, which initially could have been ordered to ensure housing security to the spouse in economic difficulty, would no longer prove necessary.<\/li>\n<\/ol>\n

      Every request for revocation of the assignment of the marital home must be presented to the judge, who will have the task of carefully assessing the new circumstances, in order to ensure that the decision respects the needs of all the family members, in particular those of the minor children.<\/p>\n

      For Boschetti Studio Legale it is fundamental that the request be accompanied by evidence and documents that justify the reasons why the situation that justified the assignment no longer exists. The judge’s assessment will take into account the change of circumstances, but also the possible impact that the revocation could have on family balances and on the well-being of the children, where they are involved.<\/p>\n<\/div>\n

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      Modification of the maintenance allowance<\/h2>\n<\/div>\n
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      The maintenance allowance is a sum intended for the support of a spouse or of the children, established at the moment of a separation or divorce. However, life circumstances can change, making it necessary to modify the amount of the allowance. The law provides that it is possible to request the revision of the maintenance allowance in the event of relevant economic or family changes.<\/p>\n

      The possible modifications are mainly three: the reduction, the increase and the suspension of the maintenance obligation.<\/p>\n

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      • <\/strong>Reduction of the amount: <\/em>one of the most common reasons for requesting a reduction of the maintenance allowance concerns a significant loss of income on the part of the subject obliged to payment. This can happen, for example, following the loss of employment, a reduction of the salary or a condition of disability that limits working capacity.<\/li>\n<\/ul>\n

        The reduction may also be requested if there is an increase in personal expenses, which affect available income, as in the case of health problems or unforeseen financial commitments. Furthermore, if the parent obliged to pay the allowance takes on new economic responsibilities, such as having to maintain other children or other dependents, a revision of the amount of the allowance itself may be justified.<\/p>\n

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        • <\/strong>Increase of the amount: <\/em>on the other hand, the maintenance allowance can be increased when there is an increase in the cost of living that renders the amount originally established insufficient to cover the needs of the beneficiary.<\/li>\n<\/ul>\n

          Another reason for requesting an increase in the divorce or separation allowance is the change of the needs of the spouse or of the children, as in the case of a change in educational, health or other needs (for example, the need for particular care for a disabled child or the increase in expenses linked to the growth of the children, such as extracurricular activities or higher education courses). If the beneficiary of the allowance is not able to bear these expenses with their own means, a modification of the amount of the allowance may be requested.<\/p>\n

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          • <\/strong>Suspension of the obligation: <\/em>in some cases, the maintenance obligation may be suspended, that is to say it is no longer necessary that the allowance be paid. This can happen if the economic situation of the beneficiary undergoes a significant improvement. For example, if the spouse or the beneficiary child finds an occupation that allows them to reach a condition of economic self-sufficiency, or if their financial situation substantially improves (as in the case of a new relationship that entails economic support), the allowance may be suspended or reduced.<\/li>\n<\/ul>\n

            The suspension, however, must be decided in legal proceedings, with a careful assessment of the circumstances and of the change of the economic situation.<\/p>\n

            In general, the request for modification of the maintenance allowance also abroad must be presented through an application to the judge, who will assess the economic situation of both parties, the duration of the marriage, the specific circumstances and the needs of the children or of the beneficiary spouse. It is important that those who request a modification of the divorce or separation allowance be able to adequately document the reasons for their request, presenting concrete evidence of significant economic or family changes, in order to support the request in court. This is valid both for modifications requested in Italy and for those requested abroad.<\/p>\n<\/div>\n

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            Modification of child custody<\/h2>\n<\/div>\n
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            Requesting a revision of child custody is a possibility provided for by law when situations occur that modify the previous conditions. The decision to modify custody is always based on the principle of the well-being of the minor, which must remain the absolute priority. We examine the main circumstances that justify a request for modification.<\/p>\n

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            1. The custodial parent is no longer able to take care of the minor <\/em>\u2013 In some cases, the parent who has primary custody may no longer be able to adequately meet the daily needs of the child. The reasons may be various: a worsening of health conditions, which limits the capacity for care, or a significant change in working circumstances, such as a relocation to a locality too far from home or a working commitment that reduces the time available for care and presence beside the minor. In these situations, the judge could deem necessary to revise the custody, assessing whether the parent no longer able to take care of the child must be flanked by the other parent or by another member of the family.<\/li>\n
            2. Changes in the needs of the minor <\/em>\u2013 With time, the needs of the minor may evolve, and this could entail the need for an adjustment of the custody. For example, if the child needs to attend a specialised school for educational or psychological reasons, the position of the parent who resides close to this facility could become decisive. Another common case concerns the change of the medical needs of the minor: if the child develops a condition that requires specific care or greater attention, it may be necessary to revise the custody to ensure that the parent able to offer the necessary support can be entrusted with their care. Every change in the conditions of the minor must be carefully assessed to ensure that the child receives adequate assistance.<\/li>\n
            3. Relocations abroad <\/em>\u2013 Another situation that may justify a modification of the custody concerns relocations abroad. If one of the parents needs to relocate to another country for work reasons or for personal reasons, the need may arise to revise the custody of the child. In the event of relocation abroad, the parent who will not move could request a modification of the custody to maintain regular contact with the minor. It is essential that the judge assess the possibility of ensuring the minor the right to a balanced relationship with both parents, even when one of the parents moves abroad.<\/li>\n<\/ol>\n

              In all these situations, the well-being and the interest of the minor are always the main criterion on which the judge’s decisions are based. Every request for modification of the custody is examined in detail, considering all the aspects of the current circumstances and the implications for the life of the child.<\/p>\n<\/div>\n

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              Revocation of the assignment of the marital home<\/h2>\n<\/div>\n
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              The maintenance allowance is a sum intended for the sustenance of a spouse or children, established at the time of a separation or divorce. However, life circumstances can change, making it necessary to modify the amount of the allowance. The law provides that it is possible to request a review of the maintenance allowance in the event of significant economic or family changes.<\/span><\/span><\/p>\n

              The possible modifications are mainly three: the reduction, the increase, and the suspension of the maintenance obligation.<\/p>\n

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              • <\/strong>Reduction of the amount<\/strong>: one of the most common reasons to request a reduction of the maintenance allowance concerns a significant loss of income by the subject obliged to pay. This can happen, for example, following the loss of a job, a reduction in salary, or a condition of disability that limits working capacity.<\/li>\n<\/ul>\n

                The reduction can also be requested if there is an increase in personal expenses, which affect disposable income, such as in the case of health problems or unforeseen financial commitments. Furthermore, if the parent obliged to pay the allowance assumes new economic responsibilities, such as having to maintain other children or other dependents, a review of the amount of the allowance itself may be justified.<\/p>\n

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                • <\/strong>Increase of the amount<\/strong>: on the other hand, the maintenance allowance can be increased when there is an increase in the cost of living that makes the amount originally established insufficient to cover the needs of the beneficiary.<\/li>\n<\/ul>\n

                  Another reason to request an increase in the divorce or separation allowance is the change in the needs of the spouse or children, as in the case of a change in educational, healthcare, or other types of needs (for example, the need for special care for a disabled child or the increase in expenses related to the growth of children, such as extracurricular activities or higher education courses). If the beneficiary of the allowance is unable to support these expenses with their own strengths, a modification of the amount of the allowance can be requested.<\/p>\n

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                  • <\/strong>Suspension of the obligation<\/strong>: in some cases, the maintenance obligation can be suspended, meaning it is no longer necessary for the allowance to be paid. This can happen if the economic situation of the beneficiary undergoes a significant improvement. For example, if the beneficiary spouse or child finds an occupation that allows them to achieve a condition of economic self-sufficiency, or if their financial situation substantially improves (as in the case of a new relationship that involves economic support), the allowance can be suspended or reduced.<\/li>\n<\/ul>\n

                    The suspension, however, must be decided in a legal venue, with a careful evaluation of the circumstances and the change in the economic situation.<\/p>\n

                    In general, the request for modification of the maintenance allowance, even abroad, must be presented through a petition to the judge, who will evaluate the economic situation of both parties, the duration of the marriage, the specific circumstances, and the needs of the children or the beneficiary spouse. It is important that whoever requests a modification of the divorce or separation allowance can adequately document the reasons for their request, presenting concrete evidence of significant economic or family changes, in order to support the request in court. This applies both to modifications requested in Italy and to those requested abroad.<\/p>\n<\/div>\n

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                    Recognition and enforcement of foreign judgments<\/h2>\n<\/div>\n
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                    When a judgment of separation or divorce is issued abroad, in order for it to have effect in Italy, it must be recognised and made enforceable. This process is necessary to be able to make modifications or to execute the judgment in our Country, and requires the fulfilment of specific legal requirements.<\/p>\n

                    The first fundamental step to obtain the recognition of the foreign judgment is the submission of the necessary documentation. It is necessary to provide an authentic copy of the original judgment, which must be in the possession of the foreign judge or of the competent authorities. If the judgment is drafted in a foreign language, it will also be necessary to produce an official translation of the judgment itself, performed by a sworn translator, as well as to be translated and legalised (or, depending on the case, apostilled).<\/p>\n

                    Once the documentation is ready, the Italian court will have to proceed with the verification of the compatibility of the foreign judgment with the Italian legal system. In particular, it is necessary to ensure that the judgment does not conflict with Italian public policy, that is to say that it does not violate the fundamental principles of Italian law. This aspect is crucial, because if the judgment contained provisions that would be considered unacceptable in Italy (for instance, on the rights of minors or on the equity of economic conditions), the court could decide not to recognise it. The assessment of compatibility is a fundamental passage to ensure that the rights of the persons involved are respected.<\/p>\n

                    Once compatibility has been verified, the deposit of the foreign judgment can be made at the competent Italian court. The deposit officially starts the recognition procedure, which can also be requested for the modification of the conditions established in the foreign judgment. Once the court has decided to recognise the judgment, it will acquire full validity in Italy, allowing the execution of the provisions contained therein. If necessary, it will also be possible to request the modification of the judgment, in the event of changes in personal or family circumstances, on condition that there is no conflict with the fundamental principles of the Italian legal system.<\/p>\n

                    This process requires accurate preparation and the assistance of a lawyer experienced in international and family law, to manage all the steps correctly and within the prescribed times.<\/p>\n<\/div>\n

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                    Documentation required, times and costs<\/h2>\n<\/div>\n
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                    To request the modification of the conditions established in a judicial measure, it is fundamental to present adequate documentation, which allows the proceeding to be correctly initiated. Here is the complete list of the documents necessary:<\/p>\n

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                    1. Authenticated copy of the original measure: it is essential to provide a copy of the measure that one wishes to modify, duly authenticated. This document serves as the basis for every request for modification and must be drafted in conformity with the legal provisions in force. If the measure was issued by a foreign court, it may be necessary to provide a sworn translation. The document, moreover, must be translated and legalised (or apostilled, in the case in which the apostille is required).<\/li>\n
                    2. Updated documents: in order to be able to assess the request for modification, it is necessary to present a series of updated documents, including…<\/li>\n<\/ol>\n