Italian separation and divorce settlement: the adultery
After the Italian “quick divorce” legislation came into effect, divorce procedure in Italy has been made faster and more effective. In fact, in order to dissolve a marital relationship in Italy, you need a six or twelve-month period to get a mutual and judicial separation respectively. Separation does not end the marital relationship but it […]
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 […]
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 […]
Intercourse and marital duties
To have intercourse is among the marital duties, as confirmed by the Italian Supreme Court (order no. 4756/2017). Refusing to have sexual relations, therefore, constitutes a violation of the obligations of moral and material assistance provided for by the Italian Civil Code. In order for an infringement to be recognized a systematic refusal is necessary. […]