Law

Italy was one of the last countries to enact a law on divorce, together with Spain, Eire and Malta. Having been largely influenced by the strong presence of the Catholic Church, the Italian Parliament started to draft a divorce law only after World War II. In 1965 the Radical Party raised public awareness thanks to mass demonstrations.

On 1 December 1970, the law on divorce was approved by the 53% of MPs. Reviewed over the years, the law pays particular attention to the financial needs and the rights of children.

FATHERS’ RIGHTS

It used to be common for Courts to give children’s custody to mothers, while fathers had to take charge of the maintenance allowance. This was due to the fact that mothers had fewer chances to work and so to maintain the family.

Today, thanks to social and cultural changes, women are no more regarded as the weaker sex. However they are still largely preferred in the custody of children.

Separated fathers often suffer a condition of mistreatment, being considered not as important as mothers in educating their children, and being forced to pay high alimonies.

The UN Convention on the Rights of the Child (Article 9.3) states that: “Parties shall respect the rights of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.”

Separated fathers in Italy often turn to the European Court of Human Rights to have theirs respected.

In Italy there are many associations to help separated fathers .One of the most important is the Separated Fathers’ Association (APS). Created in the 1990s, it operates all over the country and helps fathers to go through divorce trials.