10288 Divorce settlement: a woman's rights

When a couple gets married in Italy, they can choose '[i]bene in commune[/i]' or '[i]bene in separazione[/i]'; to share their joint assets, or keep them separate; obviously this has a great effect on who gets what in a divorce. I was told, by an Italian friend who owned a business, that this was to protect family assets from gold-digging outsiders, though it does seem to run counter to the idea of marriage to me.

I don't know about the instance that you mention, but I do recall a rather bizarre recent court ruling, in which a woman who was caught at [i] in flagrante[/i] at home with her lover was deemed to have forfeited any claim to the home in the divorce settlement that followed, by virtue of having 'defiled' the marital home. It seems a very high price to pay. No doubt the judge was a man.

This information seems to be pretty comprehensive. I hope it helps to clarify the situation:

[url=http://www.international-divorce.com/d-italy.htm]Italy Divorce, Prenuptial, Separation, International Family Law[/url]

Thank you for that reference. The only financial issue that I can see in it refers to support for the children after divorce. What I am looking for are examples of a woman being entitled to nothing because she has left the home. In the absence of anything like this I must assume that my sister-in-law's husband is spinning her a yarn and that she is gullible enough to believe it.

[quote=Marc;95661]When a couple gets married in Italy, they can choose '[i]bene in commune[/i]' or '[i]bene in separazione[/i]'; to share their joint assets, or keep them separate; obviously this has a great effect on who gets what in a divorce. I was told, by an Italian friend who owned a business, that this was to protect family assets from gold-digging outsiders, though it does seem to run counter to the idea of marriage to me.

I don't know about the instance that you mention, but I do recall a rather bizarre recent court ruling, in which a woman who was caught at [i] in flagrante[/i] at home with her lover was deemed to have forfeited any claim to the home in the divorce settlement that followed, by virtue of having 'defiled' the marital home. It seems a very high price to pay. No doubt the judge was a man.[/quote]

Perhaps my sister-in-law's husband owns the lot? I wouldn't be surtprised as his meanness is legendary!

I would be very careful with the Italian interpretation of who is "at fault". From this paragraph of the legal text I understand that if the wife leaves the husband without a proper legal separation procedure established before a judge, she may be considered "at fault" and may not receive any alimony.

"Spousal support may also be sought if the spouse seeking support was not at fault for the separation and has no means or insufficient means for his or her support."

Am I wrong?

Thank you for that point and its interpretation which has been very helpful. My sister-in-law best first check out the correct legal procedures in the unlikely event of her absconding with the milkman.