In Italy, the wife can request alimony even after a short marriage?

Separazione avvocato Milano

In Italy, the wife can request alimony even after a short marriage?

Marzorati Law Firm | Italian Lawyers & Law Firm in Italy | Divorce in Italy



The marriage in Italy (Italia), also if it is a short one, can give rise the right of alimony (assegno di mantenimento) to the wife.  The chances of ruling the economic situation of the spouses, allowed under the Italian (Italiana) law, are several and must be taken into consideration during the separation proceeding or during the divorce proceeding.

If the spouses live abroad or are foreigners, they must be advised by an Italian qualified lawyer (Avvocato italiano) who has a deep knowledge of Italian family law and therefore is able to advise them properly about the proper legal instruments, which are more adequate for an agreements taking into consideration all their interests.

Different standpoints, irreconcilable habits, cultural differences. The cohabitation established during the marriage can highlight features concerning the personality, the character and the cultural experiences of the spouses which may have not been highlighted before the marriage, especially in case of a multi-cultural couple.

It may happen, for example, that the husband (marito) and wife (moglie), a multi-cultural couple, realize how much the different cultures and traditions are inconsistent with the ordinary life of the couple. Without shared fundamentals and without a common family perspective, affection alone is not enough to guarantee to the family a happy future. After a few months of family life, therefore, the two spouses decide to initiate the separation proceeding (separazione). Each one goes for her/his own road and the wife decides to come back home, in her country of origin.

The life of the two spouses proceeds on parallel tracks, very far one from another, until the husband, who in the meantime has moved outside Italy, decides to get married with another woman. However, in Italy exists the status of “separated” which is intermediate in comparison with the status of divorced, because the separation does not dissolute the matrimonial tie and, therefore, during the period of separation the possibility of getting married with another person is not allowed. That is why the husband decides to request the divorce to the wife.

 

The consequences of a short marriage under Italian law

Although the marriage has been very short, pursuant to Italian law the wife could request and obtain alimony. It is of course essential that all the necessary assumptions to request alimony are in effect at the time of the request.

The duration of the marriage is not considered by itself as a criterion to obtain alimony (assegno). It may however be considered as a parameter which may influence the evaluation of its amount.

However, we need to point out two different aspects of the matter at stake.

The “real” duration of marriage under Italian law

Pursuant to Italian law, the duration of the marriage does not expire by means of the end of the cohabitation, and it does not expire after the separation decree. The marriage shall terminate only by means of the divorce sentence. Therefore, until that moment, even if the spouses are separated they nevertheless remain restricted to the matrimonial tie.

To the purpose of obtaining alimony (and of calculating its amount), therefore, the separation period shall be also taken into consideration.

The spiritual and material sharing under Italian law

The marriage in Italy provides for the spiritual and material sharing between the spouses.  If this sharing, during the matrimonial cohabitation, does not realize, due to will or fault of the spouse who requests alimony, this request could be rejected by the Court. For example, the spouse who did not want to have an intercourse with the other spouse could very hardly obtain alimony (assegno di divorzio). In the case we mentioned earlier, therefore, the spouse who moved abroad, who is willing to request the divorce in Italy, could face a request of alimony by his ex-spouses.

Marzorati Law Firm is specialised in family law, also internationally, and its lawyers usually deal with separations, divorces, child support and family support. To advise all its clients all over Italy and worldwide, Marzorati Law Firm has also developed a network, made of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice



The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

CONTACT US WITHOUT ANY COMMITMENT Telefono

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The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

CONTACT US WITHOUT ANY COMMITMENT Telefono

Moving abroad of the separated spouse with children – Separation and divorce in Italy with the legal advice by an Italian qualified lawyer specialized in family law

Separazione avvocato Milano

Moving abroad of the separated spouse with children

Marzorati Law Firm | Italian Lawyers & Law Firm in Italy | Divorce in Italy



In Italy, moving abroad of the separated spouse with children (figli) does not cause immediate consequences on children’s assignment (affidamento) or support (collocazione). The Italian law requires that a balanced relationship by the children with their mother (madre) and their father (padre) is guaranteed in any case. For this reason, when husband and wife are both foreigners, or one of the two got married with an Italian citizen, or their country of origin is different, it is appropriate to appoint an Italian qualified lawyer specialized in family law who could examine the case to understand within which limits it could be allowed a move and also for the purpose of starting the appropriate strategies.

Moving abroad pursuant to Italian law

In order to understand how the fact of moving abroad could be evaluated by an Italian Court we may make a concrete example, imagining a foreigner father who lives in Italy with his two children (the father and the mother of the children already got a separation – separazione). The children have been placed at his house but assigned as a shared custody also with their mother, who lives in the same neighbourhood with another man. The relationship between parents remains quite good and their vicinity eases mother’s life, who manages to see the children almost daily. The father is willing to come back to his country of origin, but before making a decision, which inevitably would involve also the children, he talks with the wife who clearly disapproves this decision of moving abroad. She does not want that the children follow the father, because she is afraid of not being able to see them as often as she currently does.

When there is no agreement (accordo) between father and mother, the parent – who would like to change his/her residency or would like to move abroad – should ask (with the legal advice by an Italian qualified lawyer specialized in family law) for a decision by the competent Italian Court, that should evaluate if the change could have an impact on the right of visiting the children of the other parents, but above all on the life of the children themselves.

The evaluations of the Court about moving abroad

In itself, the moving abroad of the parent with whom the children regularly live do not entail that they must go to live with the other parent. Any situation must be evaluated on a case-by-case basis.

Firstly, the Court shall evaluate if this transfer could unsettle the minor or create to them any inconvenience. Changing city or even country means having to leave the environment where the children have grown up as well as leaving relatives, friends and the school in order to live in a different place, often unknown where there is a different culture and language.

The Court could decide to hear the minors with the specific purpose of taking into consideration their positions and their reactions about the idea of moving abroad.

The Court shall also evaluate the possibility that the moving abroad of the children could threaten meaningfully their relationship with the other spouse, who could have greater difficulties to spend some time with the children as well as to participate to their daily life and to be involved concerning the important decisions for their life.

In a case like the one we mentioned above, the father could manage to maintain the placement of the children if these ones would agree about moving abroad and if it would be possible to modify the mother’s right to visit them, in order to meet halfway concerning her needs and children’s ones, also by means of modern technologies of online communication (video-chat, video-call, message chat, and so on).

Marzorati Law Firm is specialised in family law, also internationally, and its lawyers usually deal with separations, divorces, child support and family support. To advise all its clients all over Italy and worldwide, Marzorati Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.



The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

CONTACT US WITHOUT ANY COMMITMENT Telefono

© Reproduction, even partial, is prohibited (all content is protected by copyright)

The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

CONTACT US WITHOUT ANY COMMITMENT Telefono

In Italy, execution of a sentence of payment issued by a Court of a non-European country. Debt collection carried out by an Italian qualified lawyer

A foreign company or a foreigner, that had obtained a favourable sentence in a non-European country (e.g. Australia, Brazil, Canada, Hong Kong, India, Japan, South Korea, Mexico, Russia, Singapore, United States of America, South Africa, Switzerland, and so on), may proceed in Italy to obtain the enforcement of the sentence, i.e. to obtain what indicated in the sentence like for example the payment of an amount of money. Our law firm will be able to advise the foreign client and will be able to provide him/her with all necessary pieces of information concerning the fulfilments to achieve in the other country before proceeding in Italy: indeed, a copy of the sentence and an official document (attestato) issued by the other country will be necessary.

 

The executive sentence is not enough to obtain the payment

 

The foreigner, who obtained a favourable sentence and would like to obtain what indicated in the sentence, must appoint an Italian qualified lawyer in order to proceed with the executive phase, with the specific purpose of obtaining from the debtor the due payment.

The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

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Debt collection for a foreign company that works with Italian and foreign companies in Italy: an Italian qualified lawyer can collect the debt

Debt collection for a foreign company that works with Italian and foreign companies in Italy: an Italian qualified lawyer can collect the debt

Marzorati Law Firm | Italian Lawyers & Law Firm in Italy



A foreign company, which imports products from Italy (import) as well as the foreign company, which works bringing products in Italy (export) or which has business relationships with other Italian companies or which anyway works in Italy, may need to carry out a procedure of debt collection, facing consequently both the difficulties arising out of the Italian law and the peculiarities of our Italian law. Our law firm has been advising our clients about debt collection procedure, which has constantly been carried out all over Italy since many years ago, also with the help of qualified professionals, who are skilled concerning evaluation and prediction of good outcome of this practice.

The foreign company and the debt collection: the negotiations

Marzorati Law Firm (Studio Legale Marzorati) is able to advise the foreign company during each step of the debt collection procedure, updating regularly its client. Firstly, a letter of notice (messa in mora) shall be drafted, by means of which the due payment shall be requested on behalf of the client: since this moment, many possible situations could arise out of the procedure; our law firm is anyway able to manage each possible situation in a quick and effective way. The foreign company, indeed, shall be advised concerning the negotiations with the debtor, also by means of drafting deeds, which may define the terms and conditions regarding, for example, any payment by instalments the debtor commits to fulfil as well as possible involved settlement(s).

The foreign company and the Italian company: the judicial phase

In case no agreement is entered into with the Italian company or the same does not fulfil what agreed after the breach of contract, it is necessary to file a claim before the competent Italian Court (Tribunale Italiano) to obtain the fulfilment of duties as well as the compensation for damages. It will be necessary to make a decision upon which legal activity is more appropriate and which deed / proceeding may be the best in the concrete case. For example:

  • Claim (ricorso) ex Art. 702 bis: the decision of the Court is quicker but it is necessary that some necessary assumptions are all fulfilled in order to obtain the issuance of this deed, e.g. the grounds of each decision must be adequately proved and there must be no need to resort to witnesses;
  • Ordinary deed (atto di citazione): the typical first deed of the civil proceeding set forth under Italian law, where the Court will evaluate documents and witnesses to decide upon which part will win the civil case.

The foreign company and the debt collection: the injunctive relief (decreto ingiuntivo)

In case the debtor is not available to pay spontaneously, or in case the negotiations should not be successful, it shall be necessary to file a judicial proceeding before the competent Italian Court (Tribunale italiano).

Our law firm, on a case-by-case basis and depending on the respective debt and debtor, could advise the client regarding which deed may be more successful (i.e. may more quickly and surely achieve the complete debt collection):

  • An injunctive relief (decreto ingiuntivo): provided that some terms and conditions set forth under the Italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate only that all terms and conditions, set forth under the Italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt;
  • An ordinary proceeding: if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent Italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevitably longer and a complete legal analysis shall be necessarily carried out in order to prove the existence of the debt and, consequently, to get a favourable sentence by the competent Court.

The foreign company and the debt collection: the enforcement proceeding

Unfortunately, also in case of a positive outcome of an injunctive relief or of a sentence at the end of an ordinary proceeding, it is not taken for granted that the debtor is available to pay his/her debt. Our law firm is able to advise with the utmost care a foreign company concerning how to proceed with the following proceeding, which may be the most accurate one with the specific purpose of quickly and surely collect the debt:

  • Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
  • Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the Italian law are all fulfilled, it is possible to file to the competent Italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
  • Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent Italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
  • Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent Italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
  • Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the instruments set forth under the Italian law, which may be available to the creditor(s), are several and each of these instruments is governed by specific provisions (and consequently with different expenses to bear for the client), our law firm, thanks to the expertise gained during many years, is able to advise its clients with the utmost care, since the beginning, about the specific procedure to be chosen in order to obtain the best possible result.

Marzorati Law Firm is specialised in real estate law, also internationally, and its lawyers usually deal with litigation and commercial law. To advise all its clients all over Italy and worldwide, Marzorati Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.



The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

CONTACT US WITHOUT ANY COMMITMENT Telefono

© Reproduction, even partial, is prohibited (all content is protected by copyright)

The lawyers at Marzorati law firm are able to follow cases across Italy. If you need either legal assistance, or wish to make an appointment with one of our lawyers

CONTACT US WITHOUT ANY COMMITMENT Telefono