The Surname of the spouse after divorce
The Italian Civil Code, at Article 143-bis, rules that the wife adds her husband’s surname to her surname and keeps it during her widowhood, until she moves on to a new marriage. When the spouses separate, the wife continues to use her husband’s surname because the marriage relationship has not yet completely ceased. It may […]
Promise of Marriage under Italian Law
Under Italian Law, the promise of marriage is an act by which a person commits to another person to enter into marriage with him/her. This old institution of Italian Law is still regulated by the Italian Civil Code (Art. 79), which does not actually provide for any legal obligation to enter into marriage: marriage is […]
Fidelity and Separation Charge
Pursuant to Article 143 of the Italian Civil Code spouses have the duty of fidelity. Spouses are required not only to abstain from extramarital love affairs and sexual intercourses, but also not to betray mutual trust, intended, more generally, as loyalty and solidarity. The violation of this duty could determine the impossible continuation of cohabitation […]
How to file for a divorce in Italy
In Italy, divorce was introduced by Law no. 898 of 1970. After the amendment of 2015, now divorce can go through a long or short procedure, depending on the role of the parties.Before the divorce, the parties must obtain separation first. If the separation was consensual, the divorce can be filed after 6 months. If […]
Mediation under Italian Law
Mediation is an alternative method of dispute resolution (ADR), managed by a neutral third party with the purpose to facilitate the negotiation between the parties. The mediator will set up a number of private meetings, in order to establish a proper dialogue between the parties and to reach tailored-made solutions. In Italy, mediation was introduced […]