The Italian Separation Charge

Separation charge The separation charge can be ascertained and declared only in the judicial proceeding before the Court and is an alternative to consensual separation. Judicial separation, unlike consensual separation, always takes place before the judicial authority and is declared with a judgement.  Otherwise, the consensual separation, being the result of an agreement between the […]

Italian Marital infidelity and the new born: husband’s duties and responsibilities

Marital infidelity is one of the unfortunate event that may occur in the context of a marital relationship. The consequence of this deviation from the standard marital life may cause tensions and problems that may lead to the separation or divorce. However, it is important to asses responsibility and duties of the husband in the […]

Marriage and spouses’ privacy: a commentary

According to the Italian Cassation Court, the husband that violently deprives the wife of her cell phone commits an offence. In the context of the sentence N. 8821/2021, the Italian Court of Cassation has confirmed the direction about certain illegitimate behaviours against individuals’ privacy in the context of marriage. In such case, the husband who […]

Italian spouse’s infidelity: liability profiles

According to Italian Law, the art. 143 Civil Code establishes spouses’ duties and responsibilities. In details, spouses are expected to protect and achieve the best interest of the family while also providing a contextual moral and economic support. Additionally, article 143 also imposes a further mutual obligation: fidelity. In the context of a judicial separation, […]

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 […]