The enforced distance between separated parents and their children has obviously been problematic for many families in this emergency situation. The Court of Bari ruled on 26th March 2020 that visting rights of a father with his child, who is resident in another Comune in Puglia, should be suspended. The court observed that the national lockdown measures...
Read MoreBudapest seminar on EU Succession and Family Law
Charlotte Oliver will be a speaker at the seminar to be held in Budapest, Hungary on 8th and 9th July 2019 as part of the programme of training of EU judges and Notaries, Funded by the European Justice Programme. For more information and background to the two-year Programme: Seminar brochure EU Law in...
Read MoreUPDATED – Registering with married name in Italy
British women who have changed their surnames following their wedding may have issues when dealing with Italian administrative bodies, such as banks, the “Comune” or the “Anagrafe”. An individual in England may change their name at will, without having to undergo any onerous documentary formalities. It is especially the case and tradition in...
Read MoreMental capacity issues and Italian law
There is currently no framework for the cross-border recognition of court orders affecting the legal capacity of adults. Whereas family court orders (divorce or maintenance for example) are recognised across EU member states, orders for the protection of vulnerable adults are not. For example, a Lasting Power of Attorney (or LPA) registered with the Office...
Read MoreEnforcing a maintenance order in another EU country
CASELAW: We have recently represented a client in the Italian courts, defending an action brought by her former husband to revoke her divorce maintenance order. The divorce took place in the UK courts, but both parties and their children now live in Italy. We not only opposed the husband’s right to revoke the maintenance order at all, we also took...
Read MoreItalian divorce law – Supreme Court takes new direction on spousal maintenance
A historic decision of the Corte di Cassazione in May 2017 may be one of the most discussed developments in Italian divorce law for years to come. Although the decision was made by Section I of the Supreme Court (not a joint “sezioni uniti” pronouncement considered to have the most power to bind future courts) it is widely conisdered to be very...
Read MoreCohabitation agreements
The contract of cohabitation (in Italian “contratto di convivenza”) has to be in written form, as a Public Deed (prepared by a Notary Public), or a Private Contract, which is then authenticated by a Lawyer. The Notary or Lawyer will then send the executed document to the Comune, who will transcribe the same in its registers. This...
Read MoreCivil Unions and Cohabitation Bill
The Senate has approved a new law governing civil unions in Italy and right of de-facto couples, which has been, for a number of years, subject of a fierce debate between politicians, the Church and the media. The first part of this new law allows civil unions, or civil partnerships, between individuals of the same sex, by way of a declaration before a...
Read MoreItalian court: registration of same-sex marriage is null
The Italian administrative courts issued a controversial decision last week concerning the registration in Italy of same-sex marriages celebrated abroad, in particular whether such a union can lawfully be registered(1) in the Civil Registry office of the Anagrafe alongside all other marriages in Italy. It was established in this decision, by the highest...
Read MoreNew legislation – “Quick” divorces in Italy
Quick divorce in Italy Under a new law in Italy, a couple can now lodge a petition for divorce 6 months after the decree of separation if the separation was “consensual” (both parties were in agreement as to the terms of the separation agreement) or 12 months if the separation was “judicial” (the parties were not in agreement and a Judge was called...
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