Parallel Divorce Proceedings in Italy and Abroad

By Armando Cecatiello • Founder of Studio Legale Cecatiello, Milan

When spouses start family proceedings in different countries, the courts must determine whether both cases can continue and which claims each court can hear. In cases covered by the EU rules, the court second seised may have to pause while the first court’s jurisdiction is established. This is not a universal rule for every dispute involving Italy and a foreign country. [1] What a conflict between jurisdictions actually means
A jurisdictional conflict arises when competing proceedings overlap. It is different from a conflict of laws, which asks which country’s law governs an issue. A third question is whether a foreign decision will be recognised and enforced.
Keeping those questions separate helps identify what needs urgent action. If a spouse files abroad, the immediate issue may be a deadline to contest jurisdiction rather than the eventual financial outcome. A foreign document should be assessed promptly even where the recipient considers the foreign court inappropriate.
How the EU deals with overlapping proceedings
Article 20 of Brussels IIb contains lis pendens rules. For divorce, legal separation or marriage annulment proceedings between the same parties in different participating Member States, the court second seised generally stays its case until jurisdiction of the court first seised is established. Once established, the second court declines jurisdiction. [1] Parental responsibility has its own provisions, with attention to the child and the cause of action. Maintenance and matrimonial property have separate regulations. Two applications involving the same family are not necessarily duplicate proceedings for every legal purpose. [1–3] For example, an Italian divorce application and a foreign application concerning a child’s schooling require analysis of their subject matter. It is unsafe to assume that the earlier divorce filing automatically absorbs the children’s dispute.
Why filing and service dates need careful checking
The relevant date is when the court is legally considered seised under the applicable rules. That assessment can depend on lodging, service and whether the applicant took the required subsequent steps. A simple comparison of the dates printed on two applications may be misleading. [1] Prepare a chronology containing filing receipts, service documents, hearing notices and any orders. Preserve the original documents and envelopes or electronic delivery records. The lawyers in each country should work from the same chronology and identify any gaps in the evidence.
What changes when a non-EU country is involved
EU lis pendens rules should not be assumed to govern a parallel case in a non-EU country. National law, applicable treaties, the type of claim and transitional provisions must be examined. The United Kingdom, for example, should not be treated as an EU Member State for a newly commenced case simply because the family previously lived within the EU.
For children’s protection, the 1996 Hague Convention can be relevant between contracting states. Its operation must be considered alongside any applicable EU rules and the facts of the case. [4] An urgent protective application may also require separate analysis. The fact that proceedings are pending elsewhere does not answer every question about immediate protection of a child or property.
Recognition should be considered before the final hearing
A judgment needs to work where it will be used. Recognition of marital status, enforcement of maintenance and implementation of a custody order are distinct tasks. Relevant certificates, translations and procedural safeguards should be considered early rather than after the foreign judgment arrives. [1–3] A coordinated strategy asks what relief is needed in each country and avoids inconsistent requests. It also considers whether a negotiated solution can be made effective across the jurisdictions involved.
Frequently asked questions
Does the first spouse to file always control the case
No. Timing can matter, but jurisdiction, the subject matter and the applicable coordination rules remain essential.
Can I ignore a foreign case while my Italian case continues
That can jeopardise your position. Obtain advice about deadlines, jurisdiction objections and the consequences of participating or failing to participate.
Can different countries decide different family issues
Yes. Depending on the rules, divorce, children, maintenance and property may be dealt with separately.
Coordinate the Italian part of your case
Studio Legale Cecatiello assists with international family disputes connected to Italy. Contact Armando Cecatiello at studio@cecatiello.it with copies of existing applications and orders so that the Italian position can be assessed alongside the foreign proceedings.
Related reading: Choosing Divorce Jurisdiction in Italy; Child Custody in Italy for International Families.
General information only. Cross-border proceedings and response deadlines require individual advice.
Legal references
[1] Regulation EU 2019/1111, particularly Articles 15, 17, 20 and 100, and the recognition provisions.
[2] Regulation EC 4/2009, particularly Articles 12–14.
[3] Regulation EU 2016/1103, particularly Articles 17–19.
[4] HCCH — 1996 Child Protection Convention, particularly Articles 5–13 and 23–28.