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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 separation and religious differences between the spouses

Religious freedom is one of the core value of Italian legal tradition and it reflects individuals’ freedom to believe and finding salvation in any God. At the same time, Italian Law protects individual’s freedom to not have any religion. Religious freedom is even more delicate when an issue raises between separated spouses. In the present […]

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 […]

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 […]

Italian Separation and adultery: liability profiles

Along the years, Italian Law has carefully observed the adultery phenomenon and its consequences within familiar environment. According to the art. 143 Civil Code, the institution of marriage implies several duties and responsibilities such as spouses’ mutual fidelity obligation, moral and economic assistance, collaboration and cohabitation.   In some cases, the adultery might be the […]