Divorce of foreign citizens in Italy
If foreign spouses residing in Italy want to divorce, the Italian Court will rule, even if the marriage was celebrated abroad. This principle was recently stated by the Court of Monza (judgement no. 3001/2018), which recalled EU Regulation no. 1259/2010. In fact, according to this European Regulation, it is up to the Court where the […]
Life Insurance policy and inheritance
The life insurance policy is a contract in favour of a third beneficiary party, who acquires the right to receive a payment at the moment of the death of the policyholder. The identification of the third party may be made by the last Will, even in general terms. In this case, it should be noted […]
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 […]