MARITAL INFIDELITY

Marital infidelity is the main cause of separation and divorce with related charges, therefore investigations must be carried out with method, professionalism, and in compliance with the law in force.      

Often and willingly, the betrayed person prefers to work through “do it yourself”, with the presumption of obtaining evidence of the infidelity of his partner, but it is necessary to avoid acting independently in order not to risk incurring criminal consequences and economic sanctions for violations personal freedom and the privacy of others, but it is good practice to contact professionals, or investigative agencies accredited in the sector and licensed by the Prefectures and/or Police Headquarters.    

The S.A.S. carries out marital infidelity investigations in full compliance with the law, aimed at ascertaining the violation of the obligation of fidelity and collecting evidence that can be used in out-of-court or judicial proceedings.      

“Article 143 of the Italian Civil Code With marriage the husband and wife acquire the same rights and assume the same duties. From marriage derives the mutual obligation of loyalty, moral and material assistance, collaboration in the interest of the family, and cohabitation. Both spouses are required, each about their assets and their ability to work professionally or at home, to contribute to the needs of the family”.        

From a legal point of view, marital infidelity, therefore, represents a violation of the duties that arise from the marriage. Infidelity, on the other hand, does not produce legal consequences for couples linked by a civil union or for de facto families, even though they have signed a cohabitation agreement. If it is possible to prove that this violation of marital duties has caused the marital crisis, the failure of the relationship can be “charged” to the cheating spouse by the judge.        

Ex art. 151, paragraph 2 of the Italian Civil Code, the judge can charge the separation to one of the spouses, in consideration of his behavior contrary to the duties deriving from the marriage, provided that the violations are such “as to make the continuation of cohabitation intolerable or to cause serious harm to the ‘education of the offspring’ (violations of the spouse’s personality rights; violation of the obligations of fidelity, cohabitation, assistance, and collaboration, etc.).        

The main effect of the debit decision is the loss of the right to the maintenance allowance under art. 156, 1st paragraph, of the Italian Civil Code (in addition to the loss of inheritance rights towards the other spouse). However, the spouse who is charged with the separation retains the obligation to maintain the other spouse and her children, and, where the conditions are met, is entitled to the payment of alimony under art. 433 and following the Italian Civil Code.     

In particular circumstances, there is even a request to obtain compensation for damages for violation of marital duties under art. 2043 of the Italian Civil Code. Our investigators will collect all the evidence aimed at ascertaining marital infidelity, which may be produced in court (court).