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Violations of marital duties
Our Civil Code clearly states what are the duties that arise from marriage and that each spouse, both husband and wife, is required to respect.
Therefore, the reciprocal obligation to:
- moral and material assistance;
- collaboration in the interest of the family;
- contribution to the needs of the family in proportion to their economic and work capacities (professional or household).
The violation of duties involves:
in the event of separation and divorce, which may lead to the so-called charge, that is, 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 required to pay the maintenance to his wife or children causes them to lack the means of subsistence; for the purposes of compensation for damage, in the event of conduct that may harm the psycho-physical integrity and more generally 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 marital duties, it may request the separation with charge. But to arrive at the separation with charge it is essential to ascertain whether this violation has resulted in an effective intolerability of coexistence. Furthermore, the behavior of each of the spouses must always be evaluated in comparison with that of the other.
But what exactly does the charge imply?
The loss of the right to maintenance allowance. The spouse who has been blamed for the separation will only be entitled to alimony, that is, to receive a sum of money if you are in a situation of need. On the other hand, he will not be entitled to a maintenance allowance which has a more extensive function, being aimed at guaranteeing the former spouse a standard of living similar to that enjoyed in constant marriage. Furthermore, the violation of marital obligations, where all the conditions exist, can also integrate the details of a civil offense 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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