Fault-based separation is pronounced by the judge when one of the spouses has breached their marital duties (fidelity, moral and material support, collaboration, cohabitation) in a manner that caused — and not merely accompanied — the marital crisis. Obtaining a fault ruling has concrete financial consequences: the ‘guilty’ spouse loses the right to maintenance and inheritance rights. Ponzi assists law firms in gathering the necessary evidence.
Article 151 of the Civil Code provides for the judge, when pronouncing separation, to declare which spouse is at fault, based on their conduct contrary to the duties of marriage (Article 143 Civil Code). According to the Supreme Court, fault requires proof that the breach of marital duties was a cause and not an effect of the crisis (Cass. Joint Sections no. 18827/2013). The burden of proof lies with the party requesting the fault ruling.
