Italian separation and divorce settlement: the adultery
After the Italian “quick divorce” legislation came into effect, divorce procedure in Italy has been made faster and more effective. In fact, in order to dissolve a marital relationship in Italy, you need a six or twelve-month period to get a mutual and judicial separation respectively.
Separation does not end the marital relationship but it reduces its effect. Moreover, in case of a consensual separation, spouses make their requests looking for their approval by the President of the Court. Contrarily, in the event spouses do not reach any agreement, judicial or contentious separation may occur.
In the event of a judicial separation, courts shall assess evidences and related facts in order to provide a judicial decision. In such context, Italian Courts need to take into consideration all elements of marital relationship in order to establish a fair and balanced separation and divorce settlement. Then, Courts often shall assess whether or not adultery might be cause of separation.
According to sentence No. 2060/2019, it has been stated that selfies and other photos do not prove an extra-marital affair. Subsequently, the ex-spouse who used to take ambiguous photos with another man is not automatically an adulterer. In fact, selfies and other photos might be differently interpreted and they might not be cause of separation.
With such interpretation, the Italian Court of appeal has confirmed general doctrine in reference of separation cause. In fact, adultery is cause of separation only if it has indeed been shown and it played a relevant role in the marital crisis. Selfies and other pictures might determine adultery suspects but only under the condition that such pictures undermine ex-spouse dignity and honour.
VGS lawyers professional are able to provide you family law assistance in divorce and separation settlement matters. Our lawyers have undertaken several divorce cases achieving remarkable results even involving private investigation to disclose spouses’ eventual adultery. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.