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 […]

Divorce: if the spouse does not pay alimony

Art. 570 bis of the Italian Criminal Code takes into consideration the violations of duties regarding family care. In particular, article 570 bis provides that in case of unjustified non-payment of alimony, the non-paying spouse will be sanctioned with a fine between €103,00 and €1032,00 or with the imprisonment for up to 1 year. Article 570-bis constitutes one of […]

Registration of the birth certificate with two fathers

After the decision of the Court of Livorno, also the Court of Pisa has accepted the registration of the foreign certificate birth of a child born with two fathers. The child at issue was born in the US, in 2010 and his birth certificate, regularly registered in his municipality of residence, has been filled with […]

Marital betrayal and consequences on the alimony under Italian Law

Fidelity is one of the conjugal duties that arise from marriage, as shown in art. 143 of the Italian Civil Code, in the event of marital betrayal, pursuant to Italian Law the guilty spouse will not automatically lose the right to alimony.  Marital infidelity under Italian Law Those who decide to get married must know […]