Withdrawing from Deceased Grandfather’s Account: Can Inheritance Still Be Renounced?

My father withdrew money from my grandfather’s account after his death. Can he still renounce his inheritance? Firstly, according to Article 519 of the Civil Code, renouncing an inheritance: Can only occur after the death of the person whose inheritance is at stake.Must be declared before a notary or the clerk of the court in […]

Cartabia Reform: Monetary Penalties for Missed Parenting Time

A distinctive provision within the family law reform, known as the Cartabia Reform, introduces a noteworthy change concerning missed parenting time. The focus is on Article 473 bis no.39 of the Civil Procedure Code, addressing “measures in cases of non-compliance and violations,” accessible to any citizen, even online. This provision enhances and broadens the existing […]

Premarital Cohabitation’s Impact on Divorce Alimony Determination

In a significant legal development (refer to attached case no. 35385/2023), the United Sections of the Cassation Court have underscored the importance of factoring premarital cohabitation into divorce alimony calculations. This ruling asserts that when a sustained connection exists between the “de facto” phase of cohabitation and the “legal” phase of marriage, the duration of […]

Can a Non-Resident Parent Have Joint Custody?

Can a non-resident parent who does not live in Italy have the right to joint custody of their children, or should exclusive custody be applied? When parents separate, arrangements must be made for the custody of minor children. According to the law, the offspring should continue to have contact with both parents, taking into account […]

Understanding the Legal Concept of ‘Addebito’ in Spousal Separation

The concept of “addebito” in the separation of spouses is akin to assigning “blame” to one of the parties for the failure of the marriage. When two people marry, they commit to basic rules, such as fidelity, mutual assistance, and living together under the same roof. If one spouse violates these rules, leading to the […]