No cohabitation required for residence permit renewal

Once married to an Italian citizen, the foreign citizen has the right to obtain a residence permit for family reasons, the renewal of which can be issued even if the couple no longer cohabits. The residence permit for family reasons allows to carry out any category of work and it allows access to social services, […]

Divorce of foreign citizens in Italy

If foreign spouses residing in Italy want to divorce, the Italian Court will rule, even if the marriage was celebrated abroad. This principle was recently stated by the Court of Monza (judgement no. 3001/2018), which recalled EU Regulation no. 1259/2010. In fact, according to this European Regulation, it is up to the Court where the […]

Promise of Marriage under Italian Law

Under Italian Law, the promise of marriage is an act by which a person commits to another person to enter into marriage with him/her. This old institution of Italian Law is still regulated by the Italian Civil Code (Art. 79), which does not actually provide for any legal obligation to enter into marriage: marriage is […]

How to file for a divorce in Italy

In Italy, divorce was introduced by Law no. 898 of 1970. After the amendment of 2015, now divorce can go through a long or short procedure, depending on the role of the parties.Before the divorce, the parties must obtain separation first. If the separation was consensual, the divorce can be filed after 6 months. If […]

Intercourse and marital duties

To have intercourse is among the marital duties, as confirmed by the Italian Supreme Court (order no. 4756/2017). Refusing to have sexual relations, therefore, constitutes a violation of the obligations of moral and material assistance provided for by the Italian Civil Code. In order for an infringement to be recognized a systematic refusal is necessary. […]