Marital separation occurs when married spouses stop living together without getting divorced. Separation might be the initial step in the divorce process or it may serve the purpose of re-determine marriage perspectives. A separation process can be informally initiated, or there can be a legal separation certified by formal separation agreement filed with the court. As for a divorce separation may include provisions for alimony, children custody regimes, and the amount of child support.

In such context, spouses’ conducts are able to influence separation agreements and duties and responsibilities connected with the interruption of the marital cohabitation. For instance, the Italian Court of Cassation (Sentence No. 4899/2020) has confirmed First Instance Court interpretation by stating that photographs showing the husband engaged in moments of intimacy with another woman constitute may cause the separation between the spouses. With consequences in relation to alimony, child custody and child support.

The husband appealed this decision by claiming that pictures or photographs of “intimacy” only constitute evidence of friendship relation between him and the woman. The Court stated that, in this specific case, pictures are evidence of something more than a mere friendship relation. In particular, the intimacy moments displayed by the pictures clearly show an infringement of marital loyalty. Therefore, this extra-marital relation caused the separation. Moreover, separation agreement will inevitably take into consideration husband’s extra marital relationship when setting separation duties and responsibilities.

VGS lawyers professional are perfectly able to assist you in every stage of your separation agreements. Our Lawyers have achieved brilliant results negotiating the best condition for our clients. 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.