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Separation with charges: what evidence is needed to obtain it?

Separation with charges

If you are not clear about what "separation with charges" (separation with fault) means, its effects, and the evidence required to prove it, you are in the right place.

Not everyone knows the meaning of this term, and many people who wish to end their marriage are unaware of this option.

To dispel any doubts on the subject, we have prepared a guide with answers to the most frequently asked questions for those not familiar with the topic.

To learn more, simply continue reading the following lines.


What is "separation with charges"?

The procedure of "charges" involves attributing responsibility for the termination of the marriage. It occurs when there is a violation of marital duties that renders cohabitation intolerable or jeopardizes the safety of at least one member of the family unit.

In this regard, let's review the obligations (why they exist) that must be respected between spouses:

Fidelity Cohabitation Mutual material and moral support Collaboration for the benefit of the couple or the family (sharing of income, mutual assistance in household chores, child-rearing, etc.).

Please note: "charges" can only be requested when it can be proven that the infringement is the cause (and not simply a consequence) of the marriage's end, regardless of the nature of the duty that the spouse has failed to fulfill.

Even infidelity could be the result of an already terminated union, albeit not officially acknowledged.


What are the consequences of "addebito"?

First and foremost, it should be clarified that the assignment of responsibility is determined in the separation judgment by the Judge, only upon explicit request and evaluation of evidence against one or both spouses. Therefore, we cannot speak of "addebito" in the case of a consensual procedure, as it cannot be pronounced by the parties or their respective lawyers.

But what are the effects? Here they are, briefly: in terms of succession the opportunity to inherit from the ex-husband or ex-wife in the event of their death is denied. This right would be forfeited upon obtaining a divorce, resulting in the definitive cessation of the civil effects of the marriage.

Regarding financial matters, the party deemed responsible for the end of the marriage loses the possibility of receiving alimony if the income requirements are met. However, this does not affect the right to request spousal support at a later time.

It is also worth mentioning the obligations related to the payment of legal costs, which the party assigned the fault must bear within the specified time and manner. In addition to that, there is the emotional satisfaction for the injured party of having obtained justice.


Can both spouses request "separation with charges"?

The answer is yes: both the husband and wife can apply to assign blame for the separation to the other spouse. It is up to the Magistrate to assign fault to one or reject both requests.


Legally valid evidence to obtain "separation with charges"

Photographs, videos, audio recordings of conversations with the subject under investigation, retrieval of receipts or tickets addressed to other individuals, all have probative value for a claim of fault and, if the conditions are met, for a claim of damages.

However, we recommend entrusting the collection of such material to a licensed detective authorized by the Prefecture, to ensure compliance with the applicable regulations.

Another advantage of relying on a detective agency is the preparation of a report at the end of the assignment. Along with the evidence and the expert's testimony in case of challenges from the opposing party, the dossier can be submitted to the competent Judge for evaluation. It is their duty to consider it as an official response for the attribution of blame.


Is leaving the marital home a criminal offense?

No, it is not, as its abolition dates back to 2013, with the ruling of Cassation 2183 of January 30th of the same year. However, this does not mean that one spouse can leave the home without just cause or without the consent of the other, even if given implicitly.

The offense of failure to provide assistance still remains, which can lead to imprisonment of up to 1 year and a fine ranging from €103 to €1032, as stated in Article 570 of the Penal Code.

How can a private investigator help you?

A private investigator possesses the means, knowledge, and skills to find evidence of the spouse's responsibility for the end of the marriage.

Relying on an expert will allow you to discover the truth without raising suspicions among those around you and, most importantly, without risking any illegal actions or irreparably compromising your criminal record.

Patience, moral integrity, determination, experience, and problem-solving abilities are indispensable requirements of a professional detective. Along with a vast knowledge of legal matters and a multi-step training process, these characteristics complete the ideal profile.

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