Not all marital crises are alike. In some cases, the end of the relationship does not depend on a mutual and gradual estrangement, but on serious, unilateral conduct that breaks the couple’s balance. It is in these situations that the possibility of a separation with charging of fault may emerge.
Those who suffer infidelity, sudden abandonment, a violation of marital duties wonder whether there is a way to have the marital responsibility of the other recognised even at a legal level. And above all whether that fault entails concrete consequences. The answer is yes, but on certain conditions.
The separation with charging of fault does not apply automatically: it must be shown that one of the spouses has seriously and unjustifiably violated one of the marital duties violated provided for by the Codice Civile, such as fidelity, cohabitation, respect or mutual assistance. And it must also be proved that that violation was the direct cause of the end of the cohabitation.
What the law provides on the charging of fault in separation
Italian law does not punish those who have caused a marriage to end, but it recognises fault in the separation when one of the spouses has had conduct contrary to the duties of marriage and this has caused the breakdown of the bond.
In concrete terms, the charging of fault in the separation is pronounced by the judge only at the request of the interested party and only within a judicial separation, never in a consensual one. It is not enough to prove that the other betrayed or left: it must also be proved that before that fact the marriage was stable and that it was precisely that conduct that caused it to collapse.
The consequences of the charging of fault are clear: the spouse to whom fault is attributed loses the right to the maintenance allowance (but not to alimony in case of need) and the rights of the non-guilty spouse in the event of death, such as inheritance rights. In some circumstances, if the conduct has caused serious damage to the health or dignity of the other spouse, compensation can also be requested, but this requires very solid evidence.
How to understand whether the charging of fault can be requested
Those who have suffered a wrong often wonder when the charging of fault can be requested. The answer lies in two essential elements: proof of the wrongful conduct and demonstration that that conduct caused the crisis.
For example, infidelity can lead to the charging of fault if it occurs while the couple is still stable and cohabiting. If, on the contrary, the relationship was already compromised, even infidelity may be considered irrelevant from a legal point of view.
In the same way, abandonment of the marital domicile can justify the charging of fault if it has no serious motivations, such as situations of serious conflict, mistreatment or personal danger. It is not enough to leave: the context in which the act occurred must be assessed.
Those who are already separated can still obtain the charging of fault, but only if the procedure is judicial and if the request is clearly formulated in that context. It is not possible to obtain it after a consensual separation has already been homologated.
Facing a separation with charging of fault means not only seeking justice, but also defending one’s position, both patrimonially and personally. It is an important step, which requires awareness and strategy.
For those in a similar situation, it can be useful to discuss matters with a professional who knows the matter thoroughly and who can concretely assess whether there are conditions for taking action. In some situations, expert support can clarify doubts and help to safeguard not only one’s rights, but also one’s peace of mind.
Studio Legale Boschetti, for years engaged in advising and protecting family relationships, offers competent and confidential listening to those facing complex decisions such as these.
