Fidelity and Separation Charge
Pursuant to Article 143 of the Italian Civil Code spouses have the duty of fidelity. Spouses are required not only to abstain from extramarital love affairs and sexual intercourses, but also not to betray mutual trust, intended, more generally, as loyalty and solidarity. The violation of this duty could determine the impossible continuation of cohabitation […]
Mediation under Italian Law
Mediation is an alternative method of dispute resolution (ADR), managed by a neutral third party with the purpose to facilitate the negotiation between the parties. The mediator will set up a number of private meetings, in order to establish a proper dialogue between the parties and to reach tailored-made solutions. In Italy, mediation was introduced […]
Equal time in co-parenting
Co-parenting is a principle established by the legal system that allows the active participation of both parents in the life of the progeny, having as the main measure the shared custody. The principle of co-parenting, however, does not involve the mathematical division of time to be spent with the children, but rather the active and […]
Alimony from siblings
The Italian law (Article 433 of the Italian Civil Code) establishes that the obligation to pay the alimony, claimed by indigent family members, can be asked also to siblings. The law provides for certain requirements in order to obtain the alimony: The state of need: it is necessary to demonstrate that you are indigent and […]
The misappropriation of former spouse
The Italian Supreme Court, with judgement no. 52598/2018, ruled that, if after separation the former spouse refuses to return the property to the other spouse, he commits the crime of misappropriation. In particular, the former wife, once convicted of misappropriation pursuant to Article 646 of the Italian Criminal Code, defended herself before the Supreme Court […]