“Habitual residence” in separation or divorce

This article continues our study of the concept of residence which last month focused on rules for personal taxation in Italy. In this article we consider the concept of “habitual residence” in family law matters in the EU. The European Court of Justice (ECJ) recently issued an important judgement on the determination of the “habitual

Divorce payments and cohabitation

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

Right to maintenance for adult “children”

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

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