DIVORCE IN ITALY: HOW TO DO IT
In Italy divorce has been possible since 1970.
The end of a relationship can be one of the most stressful experiences anyone may have to face.
Obtaining good advice about the divorce is the only way to make the right decisions and to alleviate the stress.
Cecatiello Law Firm, the International Family Law Boutique, has an outstanding reputation built up over years of practice in this field.
We can advise you on the aspect of the divorce.
The rule is that the court announces a verdict about divorce, taking into consideration all legal requirements specified in the italian law.
In the first place, the judge tries to reconcile the spouses and judge if there is permanent and complete disintegration of the matrimonial life.
According to Italian law, the formal prior separation is obligatory and lasts at least 6 months, if both spouses decide to get divorce by mutual consent, or 12 months, if there is no agreement between spouses.
So in fact, the dissolution of a marriage (first separation and than divorce).
Recently there were significant changes in Italian law which regulate divorce procedures and apart from shorten the period of obligatory separation, under certain conditions, are allowed other forms of getting a divorce, an alternative to court proceedings as “lawyers negotiation”.
In the case of negotiations, the agreement between the spouses must be concluded with the participation of the lawyers and of the spouses must be represented by at least one attorney.
The registrar's office is the author of the agreement.
As mentioned above, the spouses may also conclude an agreement on separation, divorce, or even change the previous regulation of separation and / or divorce before the mayor was drew up.
For expat divorces in Italy is easier
It is possible to apply the law of the foreigner to the EC Law.
In Italy is valid the EC Law that implemented and enhanced cooperation in the area of the law applicable to divorce and legal separation.
READ ALSO: 12 SIMPLE ADVICES ON HOW TO MANAGE A DIVORCE
According to art. 5 of that Regulation, if certain conditions are fulfilled, spouses may agree to designate the law applicable to divorce and legal separation, for example the law of the State of birth. So, ie, American and British can go straight to the divorce instead, as it is provided by the Italian Law, go through separation.
Divorce creates significant personal and financial challenges. It is important to receive the good advices by a team of experts as Attorney Armando Cecatiello and his Family Law Boutique can provide.
If you face the prospect of divorce or any other family law matter that may impact your rights or your children's future, the lawyer you choose is critical.
If you want to find out more, contact us!
