ITALY Law and Practice Contributed by: Carlo Rimini and Rebecca Andrello, Studio dell’avv. prof. Carlo Rimini
In any case, if one of the parties is in a state of need when the relationship breaks down, the judge can award alimonies for a period propor - tionate to the duration of the relationship. Ali - monies are not to exceed what is necessary for funding the survival of the beneficiary. 2.7 Enforcement If spousal support is not paid by the spouse who is obliged to do so, maintenance credit can be enforced, as ordinary credits, through the enforcement of the assets of the debtors. The payment of spousal maintenance in Italy is guar - anteed by the following methods provided for by Article 473-bis.36 and following of the Italian Civil Procedure Code for both legal separation and divorce: • real or personal guarantees; • registration of the legal mortgage on real estate; • the seizure of assets; or • an order against the spouse’s third-party debtor (employer, tenant, etc) to pay the ben - eficiary spouse directly. EU Regulation 4/2009 governs the enforcement of international financial orders, as follows: • according to Article 17, a decision given in a member state bound by the 2007 Hague Protocol that is enforceable in that state shall be enforceable in another EU member state without the need for a declaration of enforce - ability; and • according to Article 26, a decision given in a member state not bound by the 2007 Hague Protocol and enforceable in that state shall be enforceable in another member state when, on the application of any interested party, it has been declared enforceable there (the pro -
ceedings for the exequatur take place in front of the court of appeal). Article 67 of the Italian International Private Law states that the exequatur for enforceability is requested if the decision is given in a non- member state. 2.8 Media Access and Transparency The media and the press are able to report on family law matters but the names of the parties should be anonymised to protect their right to privacy. (This does not always happen in prac - tice.) 2.9 Alternative Dispute Resolution (ADR) In terms of mechanisms outside of the court pro - cess to assist parties in resolving their financial disputes, Italian law allows for mediation and collaborative practice (c onvenzione di negozi- azione assistita ). Arbitration in family law matters is currently not admitted in Italy. Collaborative Practice The procedure for collaborative practice is ruled by Decree Law No 132/2014 converted into Law No 162/2014, and offers the possibility for the spouses to divorce by reaching a mutual agree - ment, without lodging a petition with the court but with the (mandatory) assistance of (at least) a lawyer for each of the spouses. The procedure is applicable in both the presence and absence of children. Extensive collaboration by the spouses, disclosure of the parties’ assets and the (near) absence of conflict between the spouses are necessary. The agreement reached by the parties with the assistance of the lawyer is subject to scrutiny by the public prosecutor, and will be authorised if it is in the best interest of the children. If there
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