Italian Divorce Law

Italian Divorce Law. A clearer and more complete framework on separation and divorce in Italy has been provided by the EU legislator with the Regulation 1259/2010 which contains a single set of rules aimed at determining which national law should be applied to divorce or legal separation proceedings concerning spouses of different nationalities who live in a country other than their country of nationality or who no longer reside together in the same EU country.

Living in A CrossCultural Relationship?Changes to Italian Divorce LawEU Divorce LawMatrimonial Property RegimesExceptionsFinallyWe often receive questions about Italian divorce law at our law firm Many people nowadays are part of a crosscultural relationship and for the most part it is an enriching and beautiful experience However it can also be difficult to manage if the relationship flounders When it comes to separation and divorce it is wise to speak to experts both for emotional and legal support Regrettably international separations and divorces are becoming more common Obviously people don’t enter in to married life thinking about where the best location for a divorce would be However wherecouples choose to divorce can have a major impact on parties’ financial health children and many other matters Therefore getting it right is very important Delays in decisionmaking can result in devastating outcomes In May 2015 Italy introduced the socalled ‘quickie divorce’ law This cut the amount of time it takes to get a divorce from three years to as little as six months in uncontested cases and a year in contested cases While the new law still retains a twostep process – separation and divorce – there are three important changes 1 Separazione consensuale – consensual separation This is where both partners request a separation The period of legal separation is now six months Following the sixmonth separation which begins once the couple has applied for separation in court the couple may file for divorce 2 Separazione giudiziale – judicial separation This is where one partner requests a divorce It could also apply if the couple contest issues such as child custody division of assets (including property) or alimony arrangements Parties have to wait 12 months to file for divorce following a court application for separation If the procedure of separation is still pending fo The EU Divorce Law Pact or Rome III Regulation This aims to implement enhanced cooperation in the area of applicable law for divorce and legal separation Essentially EU divorce law allows expat couples in Italy to choose either the divorce laws of Italy or those of the country where the couple previously lived or the country of their nationality This also applies to and mixed marriage couples where one partner is Italian and the other is not The decision regarding applicable country law needs to be made before divorce proceedings begin 15 countries including Italy adopted the Rome III Regulation Italian law and courts govern divorce procedures if a couple does not stipulate an applicable country law and are ordinarily resident in Italy This would also apply where one partner is resident in Italy and starts proceedings here However one of the partners can return to their home country for six months or more and start proceedings there before Italian proceedings begin Another aspect to consider in the choice of divorce law is matrimonial regimes For example English courts often split a couple’s assets 50/50 Italian courts look more closely at what belongs to whom This is because when they get married couples in Italy may choose between a matrimonial regime of shared ownership comunione dei beni or separate ownership separazione dei beniof their worldly goods in the event of divorce or death Unless otherwise stipulated in an agreement at the start of a marriage or at any time during a marriage comunione dei beni is the default matrimonial regime Italian law considers expat couples married elsewhere but resident in Italy married according to this regime The comunione dei beniregime regards property acquired by the couple during their marriage to be jointly owned Regardless of whether couples purchased assets individually or together if the couple divorces assets will be split 50/50 In 2019 two new EU regulations entered into force T There are however exceptions For example if a partner purchased property prior to the marriage this would belong solely to the partner in the event of a divorce Likewise if a partner acquires property after the marriage as a gift or an inheritance The choice of matrimonial regimescan therefore have an important impact on choice of applicable law in the event of separation and divorce Consider the case of an English couple who married in London 12 years ago The wife inherited a significant sum of money as well as a house in Italy from her parents Four years ago the husband persuaded the wife that they should move to Italy to live in the property she had inherited Then 12 months later the husband moved back to the UK and filed for divorce The English court gave the husband 50% of all the couples’ assets The Italian courts would have treated the inherited assets as belonging solely to the wife Each case is different We recognise that so many issues need consideration and decisions need to be made at what is a very stressful time Which applicable law to choose requires careful consideration An experienced lawyer familiar with crossborder divorce law and the complexities which make these divorces so difficult will be able to guide you If you need assistance please don’t hesitate to contact us We are here to help.

Italian Divorces in Italy Family Law Kabir Family Law

After law 55/2015 for quick divorces came into effect on the 26 May 2015 in order to dissolve a marital partnership in Italy six or twelve months must pass for mutual and judicial separations respectively Separation before divorce To go through a divorce in Italy you must pass through an initial phase of separation Separation does not bring the marital relationship to an end but reduces the effects of it.

Italian divorce Law Italian Solicitor

In order to get a divorce in Italy the marriage must have taken place in Italy or one of the spouses must be a resident of Italy In order to apply for divorce the parties would personally need to appear in court where they would be given a choice to either reconcile or separation for one year.