Guide to Italian Stepchild Adoption
The stepchild adoption has existed since 1983 with Law no. 184. However, the application of the law was limited only to heterosexual couples. Law no.184 permits the adoption of the biological child of one of the spouses. In particular, this adoption requires the following elements: The consent of the biological parent; The consent of the […]
Family Home assigned to the former spouse with daughter studying in another city.
Italian Supreme Court has confirmed the legitimacy of its decision about the assignment of family house to the former spouse who lives with the daughter who studies in another city which has maintained a strong connection with the place of residence. In such case, the daughter was not economically independent. Then, Italian Court has recognised […]
Limitation to husband’s rights to satisfy his sexual needs
According the Italian Supreme Court, a legitimate sexual intercourse between partners always requires both parties’ consent. In fact, marriage does not constitute per se a justification in order to claim a sexual intercourse. Judgement no. 46051/2018 states that “it does not exist an husband’s potestative right upon the fulfilment of his sexual instincts”. The case […]
Alimony payment increased if the spouse has a high annual income
Italian Supreme Court confirmed the existence of the wife’s right to maintain the standard of living enjoyed when she used to live with her partner. By judgement no. 9294/2018 the Court has confirmed the appeal outcome recognising spouses separation together with alimony and the assignment of the family house. The husband had challenged the Court […]
Divorce: if the spouse does not pay alimony
Art. 570 bis of the Italian Criminal Code takes into consideration the violations of duties regarding family care. In particular, article 570 bis provides that in case of unjustified non-payment of alimony, the non-paying spouse will be sanctioned with a fine between €103,00 and €1032,00 or with the imprisonment for up to 1 year. Article 570-bis constitutes one of […]