Familial issues are faced by everyone in today’s world. Luckily we’re in that phase, when all matters are governed by the law, even the personal matters. All personal concerns do become legal issues if they reach a particular level of seriousness. Here, we will explore exactly what is included in the context of family law, with a particular focus on Italy.
Family Law Generally
Family law governs all legal issues pertaining to families and usually includes marriages of all categories, adoption, child custody, support, divorce and even alimony settlements. For example, if a couple have mutually decided on separation, the family law will dictate the proper court procedure.
Also, if the couples have any children, the laws will also decide which parent will receive the custody and who will be giving the child support. This is one of the most common instances where family law is applicable. However, there can be multiple cases where it might be required.
Family Law in Italy
In Italy, the Family Law has been defined particularly and the same laws have been followed since 1948. These have been stated in the Italian Constitution, and some are in common with other Western countries as well. Some of the basic articles found in this Constitution are covered to show the extent of the family laws prevalent in this nation. Article 29 in the laws dictates the union of marriage and how it can take place only between a man and a woman.
Thus, gay marriages have not been permitted in Italy. This law also covers the equality of both the people in a marriage union, with respect to legal terms. Article 30, is one very important aspect that covers children and their rights. It mentions how law has made it the duty of every parent to cater to the needs of their children, especially those concerning education.
If the parents are unable to do so, due to any reason, it is the duty of the law to provide the children with what is deemed necessary.
Divorce in Italy
In almost all cases of separation in Italy, divorce takes place after separation duration of three years. However, for the convenience of the natives, there are other reasons that could constitute as necessary for immediate divorce. If one of partner’s engages in incestuous relationships, changes his/her sex or has been given a life sentence, then immediate divorce is considered in Italy.
But, the most common type of divorce applied for in this country, is the “Consent Separation”, in which case both the members decide to apply for a joint separation. The approval is granted by the court within just a few months. It is a very common occurrence in Italy for a wife to leave her husband for a much younger and lively man. There are also procedures governing this aspect of a family law.
In any case, couples usually decide to have a strict separation of financial ownership, rather than risk division problems and charges in the future.
The author has been writing law and order articles since the past 10 years. He also offers advice on how to manage your finances and or paying credit card debt.
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- Family Law In General And In Italy - June 22, 2012