Child protection in Family Mediation
Mediation in Family matters is an alternative way of resolving disputes used in the family context, which is notoriously characterized by emotional and psychological related claims, which are difficult to be effectively managed in separation or divorce proceedings. In the Italian legal system, with the introduction of art. 155-sexies of the Civil Code. (now article 337-octies […]
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. […]
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 […]