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 […]
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 […]
Registration of the birth certificate with two fathers
After the decision of the Court of Livorno, also the Court of Pisa has accepted the registration of the foreign certificate birth of a child born with two fathers. The child at issue was born in the US, in 2010 and his birth certificate, regularly registered in his municipality of residence, has been filled with […]