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 […]

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 […]