Custody in dispute, if father fights with new partner

Custody in dispute

Custody in dispute, if father fights with new partner The placement of the minor child with the father must be monitored and reviewed in light of the petition in which the parent points out that the former spouse’s relationship with the new partner is conflictual and violent. The Supreme Court in Order No. 30160/2022 upheld […]

Supreme Court: Husband must also be guaranteed the same standard of living

Husband must also be guaranteed the same standard of living

Supreme Court: Husband must also be guaranteed the same standard of living A man who, prior to separation for years, devoted himself to his disabled son, followed him in his activities and devoted himself to the home, putting aside his work, must be allowed to maintain the same standard of living. In the context of […]

Reserved quota under Italian Law

Reserved quota under Italian Law

What happens if you make a will in favour of one child only? Reserved quota under Italian Law. Each person’s entire estate at the time of his or her death is divided into two parts: a disposable share and a reserved share. The first can be used during one’s lifetime by means of a will, […]

Assignment of the family home

Assignment of the family home

The assignment of the marital home is regulated by Article 337 sexies of the Civil Code in the priority interest of the children, which is why recent case law excludes it in the absence of children. Assignment of the family home is the measure that the court takes (or the decision that the parties commonly […]

Failure to pay maintenance allowance: what are the consequences?

Failure to pay maintenance allowance which consequences

In the event of non-payment of maintenance allowance, seizure of property, mortgage and security in favour of the person entitled against the obliged spouse, may be ordered by the Court. The attachment of the property of a spouse obliged to pay maintenance to the other spouse is governed by Article 156(6) of the Civil Code. […]