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 […]

Applications for divorce and separation may be submitted together

In the outline of the decree implementing Law no. 206/2021 for the reform of the civil process, among the novelties for individuals and the family, it provides for the possibility of applying for separation and divorce with a single introductory application. Of particular interest, especially for the practical implications that it will entail, is the […]

Compensation awarded to former wife for husband’s stalking

The Italian Court of Cassation, in its decision no. 26182/2022, confirms the order to pay compensation of 18,000 euros in favour of the former wife, victim of stalking, issued at first instance and then confirmed on appeal. The defendant is convicted in the first instance for the offence of aggravated house-breaking, for the offence of […]

Divorce allowance to the former spouse who is unemployed

An Italian couple divorces, the court charges the husband with a divorce allowance of €1,400 to be revalued annually according to ISTAT indices and orders him to pay, also, the overall costs of the judicial proceedings. The man appealed and asked for the amount of the divorce allowance to be reduced. The court dismisses the […]

Violation of parental rights is a criminal offence

To prevent the former spouse from spending holidays with daughter is a criminal offence Conviction for the mother who went out of her way and organised herself to prevent her daughter from spending the month-long holiday recognised by the judge with her father. The child was evidently instrumentalised in her parents’ divorce proceedings, so much […]