Private violence
Changing the entire lock of main house door may constitute private violence? Changing the lock of the entrance door with the intention of preventing spouse’s access may constitute an act of private violence. In fact, art. 610 Criminal Code states that “whoever, with violence or threat, force others to do, tolerate or omit something”. Then, […]
Prevalent residence order of the child and limited visiting rights does not exclude shared custody
By judgement no. 22219/2018 the Italian Supreme Court has confirmed that, in the context of shared custody regime, it is possible to limit husband’s right to visit and ordering child’s prevalent residence at mother habitation. Italian legislation about shared custody does not exclude the prevalent residence of the child at one of spouses’ residence. In […]
Alimony and Tax Return
Alimony is an economic emolument, consisting of a sum of money paid to the weaker spouse (financially weaker) or in the form of financial support for children. Generally speaking, the amount is generally determined by the court, so it is natural to ask whether the alimony should be indicated in the tax return or not.To […]
Divorce. How to quantify the alimony
The Joint Chambers of the Italian Supreme Court have recently established the criteria upon which the allowance has to be quantified in a divorce proceeding (SS. UU. Judgement of July 11, 2018, no. 18287). In order to calculate the divorce allowance referred to in Article 5 of the L. 1 December 1970, n. 898, it is […]
Alimony vs Divorce Allowance
The divorce allowance is the potential obligation of one of the spouses to pay the other one a sum of money, either periodically or in a lump sum, determined by the Court on the basis of legal criteria, as a legal consequence of the divorce. The legislation of divorce is set forth by Law no. […]