11 August, 2017

Unfaithful husband: how to prove the adultery in an Italian Court of law with the legal advice of an Italian qualified lawyer specialized in family law?

In Italy, if a wife would like to leave the husband who has cheated on her, she must file for a separation before the competent Court with the legal advice of an Italian qualified lawyer specialized in family law. To prove the adultery, it must be pinpointed the right strategy (strategia) concerning the applicable Italian laws and regulations. For these reasons, it is appropriate to appoint a Professional Law Firm, that is highly experienced regarding family law (also internationally) and that may advise the client about the application of the Italian Law.

Who, for example, could file for a separation or a divorce pursuant to the Italian law:

  • An Italian citizen and a foreign citizen, both residing not in Italy but abroad;
  • Two Italian citizens, both residing not in Italy but abroad;
  • Two foreign citizens, residing not in Italy but abroad and who got married in Italy or had lived in Italy or had decided to apply the Italian law;
  • An Italian citizen and a foreign citizen, both residing in Italy;
  • Two Italian citizens, both residing in Italy;
  • Two foreign citizens, both residing in Italy.

Let’s take a look at the situation mentioned hereinafter to make an example.

The telephone is often switched off, the job requires more and more extra-time over the ordinary working schedule, many frequent business trip, at home the evenings are spent with no exception stuck in another room in front of the laptop, among email messages, social network and mobile messages, which are received at any time of the day. Small signals like these ones, when considered within a family life characterized by a sudden cold indifference, could nurture the suspect that the spouse is having a sentimental extramarital relationship with another person.

When a spouse suspects the other spouse of adultery (infedeltà), everything would be necessary in order to have a certain answer about it, but it is compulsory not to commit unlawfully actions.

Instinctively, it could be tempting to search independently evidence about the adultery, peeking into the smartphone and searching throughout the personal effects of the partner. The possible gathered pieces of evidence (prove), however, could not be used in an Italian Court of law.


Evidence concerning adultery in Italy


In Italy the Privacy Guarantor (Garante della Privacy) has determined that it is allowed to bring in a Court of law pieces of evidence which may demonstrate the recurring breach of the matrimonial duty of faithfulness (fedeltà). The spouse who brings in a Court of law pictures and video which show the adultery by the other spouse generally speaking do not commit any violation, but the pieces of evidence must be relevant to the matter at stake and the gathering of evidence must be chronologically connected to the matter itself.

It means that any material non directly connected to the alleged adultery (tradimento), for example pictures of the spouse taken in drunkenness, not only would be irrelevant to prove the alleged adultery, but furthermore they may constitute a violation of the other spouse’s privacy. Many options that may be seen advertised by private investigator / companies, above all foreign ones, therefore, in Italy could never be considered in a divorce legal proceeding before a Court of law even in other countries the same options may be accepted.

Likewise, “dated” material (gathered a long time before the beginning of the divorce legal proceeding) could be considered as unlawful.

Let’s make an example in order to better understand: in Italy, the spouse who would decide to install environmental tapping devices, i.e. wiretap (microspie), bug or cameras (telecamere), would risk facing criminal charges against him / her, because the tapping (intercettazione) could provide the spouse with private details about the other spouse that may have nothing to do with the separation / divorce legal proceeding.

Likewise, opening private letters or reading private email messages as well as logging in some sites by means of the password of the other spouse (for example, in order to get access to the home banking services) as well as logging in some social networks on private chats could implicate some serious consequences concerning a criminal proceeding.

For the above-mentioned reasons, it could be very useful to entrust a private investigator (well-trained concerning the Italian law) with the supervision of an Italian qualified lawyer, because this solution would be much more appropriate than acting autonomously, as people are quite often not fully aware of procedures to respect as well as limits not to be trespassed. In any case, the pertinence of the gathered pieces of evidence must be evaluated by the competent Court of law.

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.


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