Separation and Divorce with a Single Petition
Under the new Article 473 bis.49 of the Italian Civil Procedure Code (c.p.c.), parties initiating personal separation proceedings can also request dissolution or cessation of civil effects of marriage and related matters. This innovation applies to contentious marital crisis resolutions. The Court of Cassation ruled (Judgment No. 28727, October 16, 2023) that spouses can jointly […]
Navigating the Complexities of Marital Infidelity
Understanding what constitutes infidelity in a marriage is crucial, as it carries legal and emotional implications. Physical infidelity, involving sexual encounters outside the marriage, is universally acknowledged as cheating. This encompasses intimate acts like kissing, caressing, or any form of physical intimacy. Even long-distance interactions via webcams fall under this category. Emotional infidelity, characterized by […]
Are Private Investigator Photos Admissible Evidence in Court?
The admissibility of private investigator photographs as evidence in court has become a pertinent question in legal circles. With the increasing reliance on investigative agencies to gather evidence of marital infidelity or employee misconduct, the value of photos captured by hired detectives has come under scrutiny. But do these photos hold weight as evidence in […]
Separation Petition in Italy: The Innovations of the Cartabia
The Cartabia reform introduces significant changes to separation petitions, allowing for a simultaneous request for separation and divorce. Under Article 473 bis no. 49 of the Italian Civil Procedure Code, individuals can now file for divorce alongside a separation petition. While the Milan Tribunal has interpreted this provision broadly, permitting the consolidation of requests even […]
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 […]