In may, 2015 italy introduced the socalled quickie divorce law, which cut the amount of time it takes to get a. This can be done when both exspouses agree and the. Our lawyers in rome provide legal services in favour of multinationals, mediumsmall companies and individuals. Divorce usually entails the canceling or reorganizing of the legal duties and. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. This global legal monitor article by dante figueroa covering divorce, evidence, legal remedies, marriage and family status, trials and court. An abrogative referendum supported by catholic organizations and by the vatican was defeated on 12 may 1974. The law of italy requires a period of legal separation one year for contested separations, six months for consensual separations before a decree of full and final divorce can be issued. Italy has slashed the time it takes to get a divorce to six months from three years in the latest sign of the catholic churchs waning influence over life and politics here. The legal grounds which stipulates the manner in which italian couples can file for divorce are stipulated by the following sources of law. Italys proposed new divorce law would turn back the clock. Getting a divorce in spain is a relatively straightforward process provided both parties agree on the appropriate arrangements for children and assets.
Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Other options for alimony in italy instead of alimony, only if the divorce is pronounced, a oneoff payment is possible to be awarded to the spouse entitled to be supported by the other party. Total separation and divorce rates show that both phenomena are constantly growing. Summary divorce proceedings revised global legal monitor. This article is a general overview of divorce laws around the world. The effect of divorce laws on divorce rates in europe core.
Who is liable for existing debts after the divorce separation. The law lays down the legal requirements for divorce see section 2. A guide to divorce in italy lawyer monthly legal news. May 27, 20 separations and divorces in italy total separation and divorce rates show that both phenomena are constantly growing. Those voting yes wanted to outlaw divorce as had been the case before the law came into effect, and those voting no wanted to retain the law and their newly gained right. Speedier divorces have now been approved by both houses of parliament. Most european countries had laws regulating divorce dating from the first half of the 20th century or earlier. Only those couples who got married in italy or where one partner is an italian resident can file for a divorce in this country. Marzorati studio legale is a civil law firm located in milan, italy that serves local, regional, and international clients. Divorce laws vary considerably around the world, but in. Italian and eu international divorces italian solicitor. Aug 04, 2015 the eu divorce law pact or rome iii regulation aims at implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Apr 23, 2015 italy has slashed the time it takes to get a divorce to six months from three years in the latest sign of the catholic churchs waning influence over life and politics here. Divorce has only been legal in italy since the 1970s.
This guide to law online italy contains a selection of italian legal, juridical, and governmental sources accessible through the internet. Our lawyers in italy can assist you and advise you on any legal family matter you may encounter. After law 552015 for quick divorces came into effect. A legal separation is granted in the form of a court order. Under italys proposed new divorce law, children of divorced couples would spend the exact same amount of time living with each parent and each parent would pay. If the divorce is pronounced in a foreign country, according to the article 65 of the law no. Aug 16, 2012 if the divorce is pronounced in a foreign country, according to the article 65 of the law no. May 01, 2015 in an absolute majority of cases, divorce in italy follows a oneyear separation period only 6 months for consensual divorce. Italys divorce law reforms put domestic violence victims in danger and pose a grave threat to womens rights, a prominent lawyer in the country has.
Divorce in italy can be both simple and quick, if an agreement can be reached with the future exspouse. May 05, 2016 italian divorce becomes easier and faster with the new law. If the spouses agree on the division of their community property, it will be performed in the presence of a civil law notary or at the civil registry. Separations and divorces in italy in 2010 separations were 88,191 and divorces 54,160. In an absolute majority of cases, divorce in italy follows a oneyear separation period only 6 months for consensual divorce. May 20, 2015 on may 26, 2015, new legislation amending the procedural rules on the declaration of a divorce will enter into effect in italy. In that same year, there were 28 divorced people between the ages of. Italian divorce and separation law boccadutri international. Legal separation and divorce law across the eu your europe. Who is liable for existing debts after the divorceseparation. Also in italy, new laws came into force in 2014 and 2015 with significant changes in italian law in. Voters were asked whether they wanted to repeal a government law passed three years earlier allowing divorce for the first time in modern italian history. Following the concordat of 1929 between the italian state and the catholic church, a political treaty was reached which created the state of the vatican city and. I live abroad and i need italians abroad ministero degli esteri.
Italian divorce becomes easier and faster with the new law. Therefore, those legal points which are particularly important in your situation should be checked directly in the appropriate divorce law book or with a lawyer to be certain that the law has not changed. Certification often requires that a lawyer meet certain experience and educational criteria. Judicial contentious divorce in italy in case the parties do not agree in the conditions of divorce, each spouse can lodge a claim addressed to the court in order to require the sentence of divorce according to the law 8981970 and further modifications. In the case of foreign citizens married in italy who want to start the divorce proceedings, the eu. In the liberal period 19611922, italy, a profoundly catholic country with the vatican city on its own territory, attempted to establish the nonreligious nature of the state, yet its ruling class never dared pose the problem of the divorce law. The introduction of divorce into the italian legal system has had a long and difficult history accompanied by debates that have raged for over a century. The new italian legislation cuts the time it takes to get a divorce to six months in uncontested cases and a year in contested cases. However, divorce laws are subject to constant change. European ejustice portal law applicable to divorce and. In the case of foreign citizens married in italy who want to start the divorce proceedings, the eu regulations 12592010 will apply. Child support is not based solely on finances or abilities to visit and care for children.
Austria, belgium, bulgaria, estonia, france, germany, greece, hungary, italy, latvia, lithuania, luxembourg, malta, portugal, romania, slovenia and spain. The divorce law in spain is nofault, meaning that it is not necessary to cite a reason in order to obtain a divorce. Italys proposed new divorce law would turn back the clock 50. Nov 15, 2018 italys divorce law reforms put domestic violence victims in danger and pose a grave threat to womens rights, a prominent lawyer in the country has warned.
For over a decade our family law department has been providing assistance to individuals in connection with divorce and family law issues in italy. Family law has seen many reforms in recent decades, including the abolition of the husbands status as head of the household and the legalisation of divorce and abortion. Can i establish a civil union at the italian consulate. Jul 12, 2012 separations and divorces in italy in 2010 separations were 88,191 and divorces 54,160. In cases where children are involved, a court order of legal separation often makes child. The divorce consisted only in the personal separation of the spouses, without dissolving the. Philippine law doesnt allow divorces, however, it does allow for legal separation, annulment and marriage voids under the family code of the philippines. New york divorce law and italy service of process under article 19 of the hague convention a glimpse of our appellate practice. According to the italian law, the application for legal separation must be submitted to the court of the place where the spouses had the last common residence or, failing that, the place where the requested spouse is domiciled. This position is particularly evident in udis support for a divorce law, a stance with which the official position of the pci only fully aligned itself as late as 1969, by which time the introduction of a divorce law in italy, driven by a socialist deputy, was almost inevitable. Free divorce law information for individuals and small businesses written by lawyers but in easy to understand legal terms. Italy 6 between the spouses,12 as determined by the existence of one of the criteria exhaustively listed in article 3 of the italian divorce law. To whom must i send a request for notification abroad of a legal judgement in italy. Divorce, or dissolution of marriage, is the legal termination of the marital relationship.
For a foreign marriage to be valid in the uk however it must have taken place in accordance with the local custom and law of the country where the marriage took. But while divorce rates in most countries are either stable or slowly drifting higher over time, in italy the rise has been dramatic, more than doubling from 0. Some divorce lawyers may be certified by their states as being family law specialists. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. A referendum on the divorce law was held in italy on 12 may 1974.
Separation proceedings in italy fall under articles 150 158 of the civil law. Couples married in italy must choose between shared ownership comunita dei beni and separate ownership separazione dei beni of their worldly goods in the event of. Also in italy, new laws came into force in 2014 and 2015 with significant changes in italian law in matter of divorce. Mar 23, 2017 in may, 2015 italy introduced the socalled quickie divorce law, which cut the amount of time it takes to get a divorce from three years to as little as six months. The eu divorce law pact or rome iii regulation aims at implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. A guide to procedures for divorce in spain expatica. Your case marriage celebrated in italy between italian and us citizen shall be governed in accordance with italian private international law, which regards marriage, personal and patrimonial relationships, separation and divorce of husband and wife of different states the discipline is principally contained and ruled in section 29, 30 and 31. According to statistical data published by the italian central statistical office, only in 2012, for every 1,000 marriages, there were 311 separations and 174 divorces and from among all marriages gotten in italy, in almost every fifth marriage, at least one spouse is a foreigner. Practice areas include family law such as divorce, civil partnerships and lgtb matters, child abduction, inheritances and donations, inefficient health services. For further information and to download the application form for the transcription of a. If the spouses do not reach an agreement on the division of their community property, the property will be divided by the court. Instead of alimony, only if the divorce is pronounced, a oneoff payment is possible to be awarded to the spouse entitled to be supported by the other party. Essentially, this eu divorce law allows expat couples in italy and mixed marriage couples, where one partner is italian and the other not to choose which countrys laws would apply.
In argentina, the legalisation of divorce was the result of a struggle between different governments and conservative groups, mostly connected to the catholic church in 1888, the law 2,393 provided that marriage and divorce in argentina be governed by the state, instead of the church. Separations and divorces in italy total separation and divorce rates show that both phenomena are constantly growing. Divorce was introduced in italy by law of 1 december 1970 amended several times until 2015. Sep 19, 2018 under italys proposed new divorce law, children of divorced couples would spend the exact same amount of time living with each parent and each parent would pay for the childrens needs when. The italian law states that a couple has to have been legally separated for 3 years before filing a divorce petition in the court. Before 1970, there was no provision for divorce in italian law, and the difficulty of ridding oneself of an. Italian children must be returned from new york to italy since italy was found to be their habitual residence under the international child abduction remedies act. In case of a lack of agreement, the fate of the divorce is decided by lawyers, within the limits of their role and remit, and by the judge. Our attorneys in rome are able to provide a qualified assistance in terms of litigation, arbitration, consultancy and. Annulment, covered mainly by article 45 of the laws, applies to a legitimate marriage that now has a valid ground to undo it, while a voided marriage is considered invalid from the beginning. Before it came into force, nonitalians of the same nationality living in italy had their separationdivorce governed by their common national law. The notion of divorce was introduced in the italian legislation in 1970, when the law 8981970 was issued.
The correct terminology for each state is used in these pages. Divorce lawyers, law firms in italy for every city. In order to have legal value in italy, the couple must send their marriage. The exceptions were italy, spain and ireland, where. The following is a decision where the 1 st department appellate division of new york affirmed the trial courts order directing a mother to return her italian children to their italian father pursuant to hague convention and the international child abduction remedies act icara, so that he may return the children to their habitual residence in italy. New york divorce law and italy the following case is posted for informative purposes only. The issue of divorce is a thermometer of the cultural, religious, and political sensitivity of italys citizens and political caste. Divorce lawyers also handle child custody issues, including multistate and international child custody situations. In italy, almost all divorces are granted on the ground of legal separation. In the liberal period 19611922, italy, a profoundly catholic country with the vatican city on its own territory, attempted to establish the nonreligious nature of the state, yet its ruling class never dared. Those voting yes wanted to outlaw divorce as had been the case before the law came into effect, and those voting no. It only requires a petition from one of the spouses.
Divorce italian style becomes easier, faster with new law. The divorce process is handled by family law attorneys each estranged spouse retains his or her own counsel and involves a number of issues, ranging from division of property to child custody. On 12 july 2010, the council adopted decision 2010405eu authorizing enhanced cooperation in the area of the law applicable to divorce and legal separation between belgium, bulgaria, germany, spain, france, italy, latvia, luxembourg, hungary, malta, austria, portugal, romania and slovenia. Before 1970, there was no provision for divorce in italian law, and the difficulty of ridding oneself of an unwanted spouse in the absence of any legal way to do so was a frequent topic of drama and humor, reaching its apotheosis in the 1961 film divorce, italian style. This can be done when both exspouses agree and the judge approves the settled amount of the payment. In may, 2015 italy introduced the socalled quickie divorce law, which cut the amount of time it takes to get a divorce from three years to as little as six months. The battle for divorce in italy and opposition from the. Divorce was introduced in italy for the first time in 1970. For scholars of italy, seymours work shows how an issue like divorce, long considered unimportant as a social, economic, or political force in the making of modern italy, illustrates the continuities between liberal italy, fascism, and the republic and offers a more nuanced picture of the way in which political power was understood and wielded. All our professionist are english speaking lawyers and accountants.