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 […]
Does the wife keep her husband’s surname after divorce?
For the Supreme Court, the husband’s surname can be kept after divorce when there is an interest worthy of protection. Article 143 bis of our Civil Code establishes that the wife adds that of her husband to her surname and keeps it even during her widowhood until she passes to a new marriage. However, this […]
The Statutory Demand (Injunction) under Italian Law
The statutory demand or injunction (or monitoring order or payment order) is an instrument, governed by Articles 633 and the following of the Italian Code of Civil Procedure which allows the creditor to quickly obtain security to recover more effectively, in a short time and with reduced costs, his credit towards the debtor. This is […]
How to challenge an Italian Will
When the Will might be challenged? A will is a revocable act by which every adult can dispose of his possessions for the time in which he ceases to live. It is the main tool that allows you to dispose of your assets, after your death. While minors, for example, cannot draft a Will as […]
Consensual Separation under Italian law
Consensual separation is the procedure that allows spouses to separate by mutual agreement, also establishing the economic conditions and custody of the children The consensual separation is, therefore, the instrument that the law makes available to spouses who intend to separate by mutual agreement and who have therefore jointly established the rights relating to the […]