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Italian Consensual Separation: a brief guidelines

According to Italian Law, the “consensual” or “mutual” separation is the separation scheme that relies over spouses’ mutual agreements to proceed with the separation. Important to notice, with the mutual separation, spouses decide to diminish their matrimonial ties while reorganizing their economic situation and possible child custody. In such context, a separation constitutes the previous […]

Italian family and how infidelity may be cause for separation

First instance Court of Bari just decided (Sentence No. 2525/2020)  in relation to a charge request forwarded by a man against his spouse, which announced on Facebook her new relationship with a new man. The former husband is affected by multiple sclerosis while the young wife started to share posts and contents about her new […]

Unwanted pregnancy and hospital liability

According to Italian Law, self-determination right entails individuals’ capacity to undertake autonomous and independent decisions. In the healthcare scenario, in order to safeguard self-determination right, you need that public institutions actively participate in ensuring that self-determination right is achieved.   Within this context, spouses that decide to stop any future pregnancy are expressing their self-determination […]

Offence minor nature and failing to pay child support

According to the Italian Cassation Court, it is unfeasible to recognise the minor nature of child support non-payment. This is due to father’s usual conduct and his persistent behaviour to fail to pay the support to his children.   The sentence No. 22523/2020, the Italian Cassation Court restated the principle according to which you cannot […]

Italian separation, reconciliation and divorce

divorce

According to Italian Family Law, spouses that realise their cohabitation and communal life have come to and end can proceed with separation and subsequent divorce. Italian Family law allows divorce only through a period of separation; which can be consensual or contested. During such separation period, spouses interrupt their marital responsibilities and duties with eventual […]