Divorce payments and cohabitation

Posted by on Jan 29, 2024 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 increased recognition of de facto ties, understood as family and social formations tending to be of an equal standing of those of marriage.” According to the Supreme Court, therefore,...

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Where to start family proceedings post-Brexit

Posted by on Mar 26, 2021 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

Up to the end of December 2020 the jurisdiction rules for cross-border family cases in the UE had been clear and predictable in 28 member States, for almost two decades. The term jurisdiction refers to the ability of the courts in a particular country to deal with a legal issue.  The EU Regulation of 2003 known as “Brussels IIa” set out a list of possible alternative forums for a claim of separation or divorce, or cases involving custody of children, where there is an international or “cross-border” element, for...

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Right to maintenance for adult “children”

Posted by on Aug 30, 2020 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

Historic ruling no. 17183/2020 of the Italian Supreme Court: adult children must find mandatory work after completion of their studies. A recent ruling of the Italian Supreme Court no. 17183/2020 has radically changed the concept of the right to maintenance, especially for children of separated parents. Facts: The judgment was issued in relation to an appeal of a decision made by the Court of Appeal in Florence on 29th March 2018, made by a mother on the revocation of maintenance paid by her ex-husband in favour of her son (33 years old in...

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Parental rights in a time of national emergency

Posted by on Apr 30, 2020 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

The enforced distance between separated parents and their children has obviously been problematic for many families in this emergency situation. The Court of Bari ruled on 26th March 2020 that visting rights of a father with his child, who is resident in another Comune in Puglia, should be suspended. The court observed that the national lockdown measures which had been imposed by the government on movement around Italy in Article 1(b) of D.P.C.M. 22nd March 2020, should be applied rigorously and universally, even if this meant sacrifices...

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Budapest seminar on EU Succession and Family Law


Charlotte Oliver will be a speaker at the seminar to be held in Budapest, Hungary on 8th and 9th July 2019 as part of the programme of training of EU judges and Notaries, Funded by the European Justice Programme. For more information and background to the two-year Programme: Seminar brochure EU Law in English

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UPDATED – Registering with married name in Italy

Posted by on Mar 27, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

British women who have changed their surnames following their wedding may have issues when dealing with Italian administrative bodies, such as banks, the “Comune” or the “Anagrafe”. An individual in England may change their name at will, without having to undergo any onerous documentary formalities.  It is especially the case and tradition in England that a woman take her husband’s surname; a marriage certificate which shows both the woman’s maiden name and the husband’s surname will suffice as evidence to enable her to change...

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Mental capacity issues and Italian law

Posted by on Jan 27, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 of the Public Guardian in the UK is not recognised in Italy. Likewise, a court order made in Italy nominating a guardian (tutore/ amministratore di sostegno) or removing legal capacity...

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Enforcing a maintenance order in another EU country

Posted by on Jan 26, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

CASELAW: We have recently represented a client in the Italian courts, defending an action brought by her former husband to revoke her divorce maintenance order. The divorce took place in the UK courts, but both parties and their children now live in Italy. We not only opposed the husband’s right to revoke the maintenance order at all, we also took issue with the way in which the husband introduced the claim in the Italian courts. According to the Regulation on the Recognition and Enforcement of Maintenance Orders (EU Regulation no....

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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 | 0 comments

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 influential. The court decided that in determining the right to and amount of maintenance for the weaker spouse, the main factor should be the financial independence, or lack of, of that...

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Cohabitation agreements

Posted by on Jan 29, 2017 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 professional will also be responsible for the rescission of the contract (by either the wish of both parties, a unilateral decision, by death or marriage) communicating any changes to the Comune, as...

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