Supreme Court: 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

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

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?

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. […]

Divorce allowance: the judge may base his decision on asset disparity

The parameters contained in Article 5 of the Divorce Act for determining entitlement to and the amount of divorce allowance do not necessarily all have to be taken into account by the Court to the same extent. The Court does not necessarily have to take into consideration all the parameters in Article 5 of the Divorce […]