Unfortunately, marriage breakdowns are extremely common and in Italy, it’s estimated that the divorce to marriage ratio is 25%; meaning that for every 100 marriages, approximately a quarter end in divorce.
However, getting an Italian divorce isn’t as simple as filling in a form and sending it to your local Italian Court. There are many other important aspects of Italian family law that are covered throughout the divorce process, meaning it’s likely to be a stressful situation for all of those involved.
For this reason, it’s essential to you have a qualified Italian divorce lawyer who can explain the legalities of getting a divorce in Italy, and how your legal separation can affect things such as spousal maintenance and child custody. Our strong team of Italian divorce lawyers are here to provide you the necessary information required about bringing your divorce into the UK.
Here at 1Solicitors, we have a well-trained team of Italian divorce lawyers in the UK who are able to assist with your Italian divorce case and provide 24/7 legal support throughout this stressful time in your life. Our Italian divorce lawyers are skilled to providing you with the appropriate advise and guidance on all aspects of your relationship breakdown from financial settlements to child arrangements so you can be better informed on the options available to you.
In order to get a divorce in Italy, the marriage must have taken place Italy country or have at least one spouse reside there.
There are two types of divorce that can be granted in Italy:
This type of Italian divorce happens when both spouses reach a mutual agreement, which is then approved by the Italian family law court.
The process for a consensual separation requires you to submit a joint divorce recourse with your local Italian law court and once filed, you will need to attend a hearing. Throughout the hearing, a judge will attempt to reconcile the couple. Similar to getting a divorce in the UK, you must be able to prove that reconciliation is not possible before being granted the documents to prove a separation.
If necessary, on the day of the hearing, the judge will also assess the financial situation of both spouses and consider whether safeguards will need to be put into place to protect the financially-weaker spouse. This is often referred-to as spousal maintenance or support.
From the date of the initial hearing, both spouses must wait three years before they are entitled to get officially divorced. One these three years have passed and if the agreement decided between both parties is considered to be fair, the Italian court will grant a ‘decreto di omologa’ (separation decree) and both couples will be legally divorced.
Unlike a consensual divorce, a judicial separation occurs when spouses fail to make an agreement that is fair and suitable for both parties. In this case, both spouses must submit a recourse for judicial separation to their local Italian family law court.
A spouse has the ability to ask the Italian Tribunal to determine whether or not their partner violated one of the terms of the marriage, such as cohabitation or fidelity, throughout this process. If this is approved by the tribunal, the appealing spouse can ask for a judicial separation ‘with charge’. If this happens, the other spouse may not be entitled to certain rights, such as spousal maintenance.
Similar to a consensual divorce, both parties must then attend a hearing in an attempt to reconcile. However, an Italian court can grant a non-definitive judgement at the end of this process which will legally separate the couple. Proceedings such as determining maintenance and support will need to be decided at this point.
Once a divorce has reached the Italian family law court, the mother is usually given custody of any children shared. The father also has access to the children.
Once the children reach the age of ten, they are permitted to decide which parent they’d like to live with. However, certain guidelines and safeguards apply in this situation to ensure that the child is making a sensible decision.
Because the process for an Italian divorce can be extremely complicated (especially if the divorce is uncontested), it’s not uncommon for Italian couples to bring their divorce to a UK court in order to legally separate. Our expert Italian divorce lawyers are trained at being able to assess whether you can bring a divorce into the UK.
Alternative jurisdictions in other EU countries are often preferred by Italian couples wishing to divorce, but you must have at least one of the following qualities in order to get an Italian divorce in the UK:
Here at 1Solicitors, we understand the complex nature of varying family laws and court jurisdictions when it comes to international divorces. This is why we have a team of dedicated and qualified legal solicitors to provide 24/7 assistance when working on your Italian divorce case, ensuring that you’re always kept in-the-know as your case progresses in the UK.
To find out more about how you can begin an Italian divorce in the UK, contact our team of Italian divorce lawyers today. We’ve helped many Italian couples to reach a mutually-beneficial agreement in a UK court and we’re confident that we can help you, too.