Italian Court of Cassation: The ex-wife who voluntarily resigns from her job has no right to alimony
Italian Cassation Court ordinance No. 26594/2019 states a new alimony parameter for ex- spouses. In particular, the ex-wife – still in her working-age – who voluntarily resigns from her permanent job and who renounces to a fixed income is not entitled to alimony. In the present case, the husband children custody with contextual alimony obligation […]
Children well-being after divorce or separation: The new sole custody
In the event joint physical custody is against minor’s interest, the sole or exclusive sole custody represents the only alternative. Generally speaking, Italian Family law aims to ensure the minor a continuing and effective relationship with both parents. However, in the event shared custody is against minor’s interest, he/she will be subjected to sole custody […]
Have you experienced domestic or gender abuses in Italy?
The new Italian legislation named Red Code (Codice Rosso) entered into force in July 2019. This important legislation has modified Italian Criminal and Criminal Procedure Codes by including new dispositions for the protection of gender and domestic abuses victims. In this context, Italian criminal provision has been deeply renovated: Art. 387. bis Criminal Code […]
What if you fail to pay children maintenance contribution? In Italy It can be prosecuted ex officio
According to the Italian Law, failure to pay children maintenance contribution is considered an offence that can be prosecuted ex officio. On 4th of September 2019, Criminal Section of Italian Court of Cassation has excluded the extinguishment of non-payment child maintenance offence through the remission of the lawsuit. Italian Supreme Court has confirmed that non-payment […]
Non-transferable debts and inheritance under Italian Law
When a person dies, it is possible that he or she has left debts that are transferred with the inheritance. In Italy, however, there are some debts that cannot be transferred by law. First, inheritance is not immediately and automatically transmitted to the heirs. Italian law requires that the inheritance is transmitted only after acceptance, […]