infidelity is not, as one might think, an exclusively private matter: adultery can have precise legal consequences and, more specifically, represent a valid motivation for the charge in the separation .
Here is more in detail what the new law on treason provides and what consequences the unfaithful spouse risks from an economic point of view.
LAW ON TREASON: THE MAIN RULES
The violation of the obligation of fidelity is one of the most frequent causes of separations between spouses. However, it does not automatically represent a valid reason to deny the support allowance to the former partner.
Each situation, in fact, requires an independent evaluation because not all infidelities have the same weight. In some cases, betrayal can be considered a “physiological” aspect of an already worn-out couple relationship; on the contrary, there are extreme situations in which it represents a serious injury to dignity or constitutes a real maltreatment.
Let's try to distinguish the different cases in the light of the innovations introduced by the law on treason and the most recent sentences.
TREASON: SEPARATION WITH CHARGE AND COMPENSATION
Marital infidelity can affect the maintenance allowance and the spouse's inheritance rights: this, provided that there is a causal link between the betrayal and the end of the marriage.
The rules of the law on treason, in fact, establish that the violation of marital duties is a reason to be charged in the separation only if it represents the main cause of the breakup.
In this case, those who betray face consequences that may include, in addition to the compensation of legal costs, the loss of the allowance, inheritance and succession rights and the survivor's pension.
Normally infidelity does not justify the request for compensation , unless there are particular exceptions. According to the new law on treason and the recent sentences of the Supreme Court, this occurs when adultery causes important repercussions on health, giving rise to a strong state of depression or other relevant clinical pictures. Furthermore, serious infidelity can represent a profound injury to personal honor and dignity.
All these aspects, together with the need to manage custody of children, often motivate the use of a private detective for investigate marital infidelity aimed at protecting one's rights.
TREASON: WHEN IS IT A CRIME?
The rules of the law on treason have undergone, over time, a significant evolution: just think that, in the past, adultery was considered a real crime if committed by the wife.
The penalty for adultery or extra-marital relationship, also provided for the lover, was imprisonment of up to two years. Although anachronistic, this Italian law on treason remained in force until the late 1960s.
In particular cases, the new law on treason still establishes that infidelity can be considered a crime. This occurs, more particularly, when adultery is part of a context of mistreatment and behaviors detrimental to dignity.
Displayed betrayal can be a source of moral suffering, especially when associated with other humiliating conduct such as insults, beatings and threats. This situation can constitute the crime of mistreatment in the family and be punished as such.
EVIDENCE OF BETRAYAL: WHEN ARE THEY VALID?
Among the aspects governed by the new law on treason is the burden of proof . If he intends to request the charge in the separation, the betrayed spouse must not simply document the infidelity, but prove, as we have seen, the causal link between the latter and the end of the relationship.
To give a practical example: if the unfaithful spouse has been leading a double life for some time and the partner has accepted the horns for years, infidelity cannot be a reason to be charged.
In other words, spouses who have been separated at home, or whose lives have long since taken different paths, cannot use infidelity to obtain an economic advantage or to fail in their duties.
Among the valid proofs of treason includes witness accounts and any photographic, audio and video documentation acquired with the help of a private investigator. More controversial is the use of chats, emails and other elements obtained from IT devices.
Becoming aware of a betrayal via your partner's mobile phone is an increasingly common occurrence. This does not automatically mean, however, that the conversation or post in question can be used as proof of infidelity without incurring a breach of privacy.
As can be guessed, the cases are very different and separation, or judicial divorce, risks becoming an obstacle course.
Contact AGITER Investigazioni if you want to obtain evidence of betrayal, ask for compensation, revoke the maintenance allowance or manage a situation of conflict with your ex partner. We will help you to assert your reasons, reducing the stress load and maximizing the economic benefits.
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