Pending divorce in Italy: the spouse has been granted access to former husband bank documents
Italian administrative Court has clarified that, as long as divorce proceeding is still pending, the spouse is entitled to exercise the right of access to administrative documents according to the law N.241/1990. Then, it has been decided in favour of the appellant since she was claiming to have a legitimate and legal interest to access […]
Divorce and Separation: Minor’s right to not see one of the spouses
Under separation or divorce regime, Italian Courts always focused on minors’ interest and wellbeing. In such context, minor’s interest is the leading parameter according to which judges arrange separation or divorce procedure. Art. 709 ter Civil Procedure Code applies in those cases where it may arise controversies or non-compliance in the context of shared […]
No alimony for short marriage
If the marriage has not lasted long and the spouse is young and working, then in the event of a divorce, alimony may be not assigned. According to the recent ruling of the Italian Supreme Court, the factors to be considered in order to recognize the assignment of alimony to the spouse are several: The […]
Divorce allowance and burden of proof
According to the recent ruling of the Italian Supreme Court, the spouse applying for the divorce allowance has the burden of proving the lack of an adequate income. The divorce allowance does not only aim at restoring the previous standard of living during the marriage, but the divorce allowance must also be sufficient for an […]
The consequences of divorce
Once the divorce judgement has been issued this is recorded in the Civil Registry of the place where the marriage was registered and it becomes effective between the former spouses. The main effect of divorce is the dissolution of the marriage bond. Although in case of religious marriage while the termination of civil effects takes […]