Divorce Certificate and Jurisdiction
Italian Minister of Justice has faced the delicate issue of the divorce certificate release that must be submitted to the country where the applicant wants to obtain legal recognition of the divorce agreement. The problem has arisen because of an enormous number of applications addressed to the Court, which has badly impacted on the internal […]
Italian Court on overnights with the father
On September the 5th, the Court of Trieste disregarded the requests of a mother who, while not questioning the shared custody of the child, did not want the minor to spend the nights with the other parent, until the minor would be four years old. In detail, according to the judges, the child custody must […]
Child protection in Family Mediation
Mediation in Family matters is an alternative way of resolving disputes used in the family context, which is notoriously characterized by emotional and psychological related claims, which are difficult to be effectively managed in separation or divorce proceedings. In the Italian legal system, with the introduction of art. 155-sexies of the Civil Code. (now article 337-octies […]
New legislative proposals on Law on shared custody (DDL Pillon)
One of the most discussed bills deposited in the first months of the 18th-century aims to radically reform various Italian family law institutions. From the first reading of the bill, it is clear the attempt to overcome the results obtained from legislative and jurisprudential evolution concerning the protection of the “best interest of the child”.The bill concentrates […]
Divorce. How to quantify the alimony
The Joint Chambers of the Italian Supreme Court have recently established the criteria upon which the allowance has to be quantified in a divorce proceeding (SS. UU. Judgement of July 11, 2018, no. 18287). In order to calculate the divorce allowance referred to in Article 5 of the L. 1 December 1970, n. 898, it is […]