VIOLATIONS OF MARITAL DUTIES

Violations of marital duties can lead to a number of legal and personal complications. It is important to understand the concept of these duties in order to be able to better deal with cases where violations occur.

Understanding the concept of marital duties

Conjugal duties are the responsibilities that each spouse has towards the other in the context of marriage. Our Civil Code clearly provides for the duties that arise from marriage and that each spouse both husband and wife is obliged to respect.

Therefore, marriage has a reciprocal obligation to:

  1. fidelity;
  2. moral and material assistance;
  3. collaboration in the interest of the family;
  4. cohabitation;
  5. contribution to the needs of the family in proportion to their economic and working capacities (professional or home).

Violation of marital duties entails

In the event of separation and divorce, it may involve the so-called debit, i.e. the attribution of blame for the end of the marital relationship (the spouse to whom the separation is charged, in fact, loses the right to maintenance); from a criminal point of view, when, for example, the husband who is liable to pay maintenance to his wife or children causes them to lack the means of subsistence; for the purposes of compensation for damages, in the event of conduct that may damage the psycho-physical integrity and more generally to the health of the other spouse.

On the civil level, in the event that it is ascertained that the end of the marriage depended on the violation of conjugal duties, it may request separation with charge. But to arrive at separation with charge it is essential to ascertain whether this violation has determined an effective intolerability of cohabitation. In addition, the conduct of each of the spouses must always be assessed in comparison with that of the other.

But what exactly does the charge imply?

The loss of entitlement to maintenance. The spouse who has been blamed for the separation will only be entitled to maintenance, i.e. to receive a sum of money if he or she is in a situation of need. On the other hand, he will not be entitled to the maintenance allowance which has a more extensive function, being aimed at guaranteeing the former spouse a standard of living similar to that enjoyed during marriage. In addition, the violation of marital obligations, where all the conditions exist, can also integrate the extremes of a civil tort and therefore give the right to compensation for non-pecuniary damage.

Our investigators will collect all the evidence aimed at ascertaining the violation of marital duties, which can be produced in court (court).

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