Revaluation of maintenance allowance

Revaluation of maintenance allowance

Revaluation of maintenance allowance To preserve the purchasing power of the maintenance allowance, a revaluation must be calculated annually on the basis of the average increase in the cost of living. The revaluation is calculated taking into account the FOI index that is published in the Official Gazette periodically and on the ISTAT website. The […]

How is Alimony calculated?

DIVORCE ALIMONY

How is Alimony calculated? Alimony is a benefit of a welfare nature owed to a person in a state of need by the persons identified in Article 433 of the Civil Code. The Italian legal system, in response to the principle of assistance and solidarity within the family unit, provides for a series of benefits […]

Does premarital cohabitation weigh against divorce allowance?

Does premarital cohabitation weigh against divorce allowance

Does premarital cohabitation weigh against divorce allowance Marriage and de facto cohabitation have equal social dignity, it therefore makes no sense, when quantifying the divorce allowance, to disregard the duration of the premarital union. It is up to the Italian Supreme Court to assess the relevance of the duration of pre-marital cohabitation on the quantification […]

Recognition of foreign judgments in Italy

Recognition of foreign judgments in Italy

Recognition of foreign judgments in Italy Following the enforcement of Law 218 of 1995, containing the regulation of the system of private international law, Article 796 c.p.c. was repealed, since Article 73 of the d.i.p. law replaced it with the application of Articles 64-65 thereof (as of Dec. 31, 1996). Recognition of judgments issued abroad […]

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 […]