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Is it possible that Italian spouses residing in Switzerland can ask the Italian Judge to apply Swiss law and ask for a so-called direct divorce?

Is it possible that Italian spouses residing in Switzerland can ask the Italian Judge to apply Swiss law and ask for a so-called direct divorce?

Is it possible that Italian spouses residing in Switzerland can ask the Italian Judge to apply Swiss law and ask for a so-called direct divorce?

 When a joint appeal is filed by two spouses  with the request for divorce according to Swiss law, in the event that both spouses have Italian citizenship, Italian jurisdiction exists.

This by virtue of art. 3 lett. b) of EC regulation 2201/2003 and when required it can be  Swiss law applied in accordance with the provisions of art. 5 lett. a) of EU regulation 1259/2010, having their habitual residence in Switzerland and having expressly chosen this law.

It is possible that the Italian spouses, residing in Switzerland, may ask the Italian Judge to apply Swiss law and request the so-called direct divorce?

  When a joint appeal is filed by two spouses with the request for divorce according to Swiss law, in the event that both spouses have Italian citizenship, Italian jurisdiction exists.

This by virtue of art. 3 lett. b) of EC regulation 2201/2003 and when required, Swiss law may be applied pursuant to the provisions of art. 5 lett. a) of EU regulation 1259/2010, having their habitual residence in Switzerland and having expressly chosen this law.

 

Lawyer Armando Cecatiello Milan familiarist in Milan and Lugano