Visitation rights in case of refusal of the child

After the divorce, even if only one of the former spouses is the sole custodian of the child, still the noncustodial parent is granted with visitation rights. Visitation rights consist of the right of the divorced parent to maintain meaningful relationships with their children. Usually, the days and hours and any extended periods of time […]

If the spouse refuses to leave home

The legal separation judgement, once issued, has an immediate effect, with the consequence that the former spouse must leave the house immediately. If, however, he or she refuses to leave the marital house then there are several legal instruments that can be used through the assistance of a lawyer. The first step to be taken […]

Promise of Marriage under Italian Law

Under Italian Law, the promise of marriage is an act by which a person commits to another person to enter into marriage with him/her. This old institution of Italian Law is still regulated by the Italian Civil Code (Art. 79), which does not actually provide for any legal obligation to enter into marriage: marriage is […]

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 […]

How to file for a divorce in Italy

In Italy, divorce was introduced by Law no. 898 of 1970. After the amendment of 2015, now divorce can go through a long or short procedure, depending on the role of the parties.Before the divorce, the parties must obtain separation first. If the separation was consensual, the divorce can be filed after 6 months. If […]