Prevalent residence order of the child and limited visiting rights does not exclude shared custody
By judgement no. 22219/2018 the Italian Supreme Court has confirmed that, in the context of shared custody regime, it is possible to limit husband’s right to visit and ordering child’s prevalent residence at mother habitation. Italian legislation about shared custody does not exclude the prevalent residence of the child at one of spouses’ residence. In […]
Private violence
Changing the entire lock of main house door may constitute private violence? Changing the lock of the entrance door with the intention of preventing spouse’s access may constitute an act of private violence. In fact, art. 610 Criminal Code states that “whoever, with violence or threat, force others to do, tolerate or omit something”. Then, […]
Divorce Certificate and Jurisdiction
Italian Minister of Justice has faced the delicate issue of the divorce certificate release that must be submitted to the country where the applicant wants to obtain legal recognition of the divorce agreement. The problem has arisen because of an enormous number of applications addressed to the Court, which has badly impacted on the internal […]
Divorce: if the spouse does not pay alimony
Art. 570 bis of the Italian Criminal Code takes into consideration the violations of duties regarding family care. In particular, article 570 bis provides that in case of unjustified non-payment of alimony, the non-paying spouse will be sanctioned with a fine between €103,00 and €1032,00 or with the imprisonment for up to 1 year. Article 570-bis constitutes one of […]
Alimony payment increased if the spouse has a high annual income
Italian Supreme Court confirmed the existence of the wife’s right to maintain the standard of living enjoyed when she used to live with her partner. By judgement no. 9294/2018 the Court has confirmed the appeal outcome recognising spouses separation together with alimony and the assignment of the family house. The husband had challenged the Court […]