Legal Considerations on Cohabitation in Family Law
Discover legal insights and cases related to cohabitation in family law on Studio Legale Bianucci's blog. Stay informed on the latest developments and considerations in this area of law.
Domestic Abuse and Ended Cohabitation: The Supreme Court with Ruling no. 18740/2025 Extends Protection
The Supreme Court, with ruling no. 18740/2025, clarifies a crucial aspect of domestic abuse: the crime can persist even after the end of the romantic relationship between cohabiting partners, provided cohabitation and victim vulnerability remain. An essential analysis to understand legal protection for those living as 'separated in the home'.
Family Abuse: The Supreme Court Clarifies the Notion of Cohabitation (Judgment no. 17857 of 2025)
The Supreme Court of Cassation, with judgment no. 17857 of 2025, redefines the boundaries of 'cohabitation' for the purpose of the crime of family abuse. Discover how the distinction between cohabitation and dwelling influences the protection of victims and the configuration of the crime, even in the presence of temporary absences.
Sexual Violence and Aggravating Circumstances: Ruling 17787/2025 on the Specificity of Affective Relationships
The Court of Cassation, with ruling no. 17787 of 2025, clarifies the application of aggravating circumstances in sexual violence offenses, distinguishing between current and past affective relationships and the abuse of domestic relationships. An in-depth analysis to understand victim protection and the specifics of the Italian Penal Code.
Abuse of domestic relations after cohabitation: the Supreme Court n. 12290/2025 on the aggravating circumstance pursuant to art. 61 no. 11 c.p.
The Supreme Court, with judgment no. 12290/2025, ruled that the aggravating circumstance of abuse of domestic relations also applies if cohabitation ceased before the offense. The commentary illustrates principles, implications for theft and other property offenses, impact for prosecution and defense, and procedural precautions.
Divorce allowance and cohabitation more uxorio: analysis of the Cass. civ., Sez. I, Ord. n. 27043/2024
The recent ruling of the Court of Cassation highlights the importance of evidence in determining the divorce settlement, linking the stability of the new cohabitation to the economic rights of the ex-spouse.
Divorce and alimony: the Court of Cassation confirms the importance of res judicata (Cass. civ. n. 30545/2024)
The recent ruling of the Court of Cassation clarifies the limits of res judicata in the matter of divorce alimony, establishing that new circumstances must have actually arisen to justify a modification.
The Revocation of Donation for Ingratitude: Reflections on the Judgment of Cass. civ., Section II, Order No. 32682 of 2024
Let's analyze the ruling of the Court of Cassation that addressed the issue of the revocation of a donation for ingratitude, highlighting the obligations between cohabitants and the behaviors that can harm the dignity of the donor.
Domestic abuse: ruling no. 47041 of 2024 and the role of cohabitation.
An analysis of the Supreme Court ruling no. 47041 of 2024 on domestic violence, focusing on the criteria for the configurability of the crime and the importance of cohabitation for the integration of the criminal offense.
Cassation no. 11209/2024: concurrence between domestic abuse and stalking after the end of cohabitation
The Supreme Court clarifies when domestic abuse under art. 572 c.p. can be combined with aggravated stalking under art. 612-bis c.p. in the presence of cohabitation cessation, despite the continuation of shared parenthood. Analysis of the decision and its practical impact.