Marriage Investigations

Marriage investigations

Premise

Marriage investigations are divided into the following two categories:

1. Marriage investigations following the separation, of which the Maintenance check revision and the Custody investigations, are among the most requested.

2. Private investigations at an ongoing marriage or post marriage (therefore in the absence of separation); among these, the Marital infidelity .

Private investigations a
following the separation

We start from the premise that with the separation of the spouses the marriage bond does not end, the spouses remain husband and wife.

However, the duties of couples fail; others, on the contrary, remain intact.

If one of the spouses considers himself injured in his rights even after the separation, he can request the intervention of a private investigative institute.

Let's look at the particular rights and duties of the spouses.

The rights to material sustenance remain alive, so that, through the maintenance allowance, the spouse who is economically stronger, supports the weaker part.On the subject there is, however, a dedicated page on this site: Maintenance check revision.

According to the most common orientation following the separation, the loyalty obligation is lessened, in the sense that it is not considered illegal for spouses to cultivate new sentimental relationships; while it is incompatible with the residual duties deriving from the marriage bond (which continues to exist), a conduct that may be detrimental to the reputation of the other spouse.

In the event of specific provisions of the judicial authority, the spouses must adhere strictly to the provisions of the judge: as regards the offspring, the home of the same, education, medical care, the spouses' residence, free time and everything that is established by sentence. If the provisions are not scrupulously respected, for example to the detriment of the offspring, the intervention of an investigative agency for the collection of specific evidence is justified.In this regard, see the page: Custody investigations.

Shared custody of offspring has been practiced widely since 2006 (law nr. 54/2006). The behavior of the spouse in the period in which the minor is entrusted to him remains to be established. The reaction of the minor subject in the presence / absence of one or the other spouse also remains to be verified. If, for example, behavior adverse to the child is demonstrated, also shown following private investigations, it is possible to request, with the intervention of a lawyer (who would make use of the report and supports of the investigation carried out), changes on the reliance.

Furthermore, in the event of separation, the children must maintain a balanced and continuous relationship with both parents. They must both receive moral and material care, education, instruction and assistance. They must maintain relationships with their relatives in the ascending line (grandparents) and relatives.

The rights of succession of one spouse towards the other until the eventual divorce remain unchanged, provided that separation by debit has not occurred against one of the two; in this case, the spouse against whom the charge was made has no inheritance rights against the other's assets.

Abandonment of marital roof

The two types of known legal separations (consensual and judicial) are added to the de facto separation.

This is a de facto separation, for example, that of the spouse who goes to live in another home, without a justified reason and without warning the spouse (who could be in serious difficulty if the offspring needs, for example, to medical care); for which we also intervene with private investigations, for the collection of evidence (on the abandonment of the other spouse) and for a possible request for debit.

For the abandonment of the marital roof, the fault can be charged.

More
marriage investigations

Marital infidelity it is the most common case among matrimonial investigations. See in this regard the specific page of this site.

It is certainly not the only one.

On Maintenance check revision we have dedicated another specific page of this site; however, this is a situation in which the couple is already separated.

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Alcoholism,

gambling addiction,

conduct of life contrary to moral principles,

bad / dangerous visits,

various irresponsible behaviors.

All situations, those listed above, which, if they occurred during the couple's shared journey, would justify the intervention of an investigative agency.

In the family context, it is permissible to request the intervention of an investigative agency when the obligations that arise with marriage are not met.

What are these obligations?

Let's go and examine them.

Premise.

Article 143 of the civil code sets out these obligations:

Art. 143. Mutual rights and duties of spouses

"With marriage, the husband and wife acquire the same rights and assume the same duties.

From marriage derives the mutual obligation to be faithful, to moral and material assistance, to collaboration in the interest of the family and to cohabitation.

Both spouses are required, each in relation to their own substances and their professional or domestic work capacity, to contribute to the needs of the family ".

It is clear from the above text that the spouses are obliged to be faithful to each other, but also to support the family, morally and economically, in the presence or absence of offspring.

Having said this, if one or more of the principles set out in the legal text ceases to exist, the spouse who considers himself or herself damaged may activate a private investigation to protect his or her rights; also with a view to requesting the separation charge.

What is meant by charge of separation?

In the event of the failure of married life and the responsibility for this is attributable to one of the spouses, for conduct contrary to the duties that are established with the marriage, the judge can declare in the sentence to whom the separation is attributable.

The debit ruling entails patrimonial and economic effects: in fact, the maintenance allowance cannot be attributed to the spouse in charge of the separation and also has his successor rights limited to the other spouse's assets.

In light of all the foregoing, therefore, the intervention of an investigative institute may be required for behaviors deemed irresponsible in the perspective of family life.In detail, for: