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The weakening of the right to maintenance is without prejudice to any right to food which is always entitled the spouse who is in a state of need, so in accordance with Article 433 and following of the Civil Code.

The extent of the administration of maintenance is determined in relation to the circumstances and income of the obliged spouse. As stated by the Court of Cassation judgment 1981. 6396: "The amount of maintenance in favour of the spouse which is not chargeable for the separation should be determined not only in relation to the income of the spouse obliged, but to all his possessions, including tangible assets unproductive of income, which , serve as a reference to determine the content of the obligation of each spouse to contribute to the needs of the family.

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For separated, however, the law leaves always open the possibility of reconciliation. In fact, it may mutually agree to close the effects of the judgment of separation, without requiring the intervention of the court, by express declaration or by conduct unequivocally that it is incompatible with the state of separation.

The procedures in the area of family law are subject to the payment of the unified to the extent of 37.00 if consensual and 85.00 if contentious. The measures in the area of family law are always issued as things stand resulting in what, in the event of a change in conditions at the base of the agreements or judgment, the parties may at any time and again appeal to the Court requesting a change in the terms of separation.

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The trial judge, asked to declare which of the spouses is chargeable for the separation, even if he finds against one of them a behaviour that can serve as an inability to continue living together, regardless of the proposition of instances of maintenance, must always examine globally and comparatively the behaviour of each of the two spouses, in order to identify what can be justified in the facts or acts of the other, and which, however, no such justification, should be prosecuted as a responsibility for the indicated fracture.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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