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Divorce payments and cohabitation

Posted by on Jan 29, 2024 in FAMILY LAW UPDATES, LEGAL UPDATES

The Italian Supreme Court has recently ruled in ordinanza No. 35385 of 2023 that the fact of pre-marital cohabitation of the spouses constitutes one of the parameters calculating the divorce allowance. The Court pointed out that pre-marital cohabitation represents “a custom increasingly rooted in the behavior of our society which is accompanied by an...

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Mental capacity issues and Italian law

Posted by on Jan 27, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES

There is currently no framework for the cross-border recognition of court orders affecting the legal capacity of adults. Whereas family court orders (divorce or maintenance for example) are recognised across EU member states, orders for the protection of vulnerable adults are not. For example, a Lasting Power of Attorney (or LPA) registered with the Office...

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Italian divorce law – Supreme Court takes new direction on spousal maintenance

Posted by on Nov 13, 2017 in FAMILY LAW UPDATES, LEGAL UPDATES

A historic decision of the Corte di Cassazione in May 2017 may be one of the most discussed developments in Italian divorce law for years to come. Although the decision was made by Section I of the Supreme Court (not a joint “sezioni uniti” pronouncement considered to have the most power to bind future courts) it is widely conisdered to be very...

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Cohabitation agreements

Posted by on Jan 29, 2017 in FAMILY LAW UPDATES, LEGAL UPDATES

The contract of cohabitation (in Italian “contratto di convivenza”) has to be in written form, as a Public Deed (prepared by a Notary Public), or a Private Contract, which is then authenticated by a Lawyer.   The Notary or Lawyer will then send the executed document to the Comune, who will transcribe the same in its registers. This...

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