Family Home assigned to the former spouse with daughter studying in another city.

Italian Supreme Court has confirmed the legitimacy of its decision about the assignment of family house to the former spouse who lives with the daughter who studies in another city which has maintained a strong connection with the place of residence.  In such case, the daughter was not economically independent. Then, Italian Court has recognised […]

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 […]

Child protection in Family Mediation

Mediation in Family matters is an alternative way of resolving disputes used in the family context, which is notoriously characterized by emotional and psychological related claims, which are difficult to be effectively managed in separation or divorce proceedings. In the Italian legal system, with the introduction of art. 155-sexies of the Civil Code. (now article 337-octies […]

New legislative proposals on Law on shared custody (DDL Pillon)

One of the most discussed bills deposited in the first months of the 18th-century aims to radically reform various Italian family law institutions. From the first reading of the bill, it is clear the attempt to overcome the results obtained from legislative and jurisprudential evolution concerning the protection of the “best interest of the child”.The bill concentrates […]

Mediation under Italian Law

Mediation is an alternative method of dispute resolution (ADR), managed by a neutral third party with the purpose to facilitate the negotiation between the parties. The mediator will set up a number of private meetings, in order to establish a proper dialogue between the parties and to reach tailored-made solutions. In Italy, mediation was introduced […]