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Mental capacity issues and Italian law

Posted by on Jan 27, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES

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...

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Italian divorce law – Supreme Court takes new direction on spousal maintenance

Posted by on Nov 13, 2017 in FAMILY LAW UPDATES, LEGAL UPDATES

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...

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Cohabitation agreements

Posted by on Jan 29, 2017 in FAMILY LAW UPDATES, LEGAL UPDATES

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...

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Civil Unions and Cohabitation Bill

Posted by on May 18, 2016 in FAMILY LAW UPDATES, LEGAL UPDATES

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...

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Italian court: registration of same-sex marriage is null

Posted by on Nov 5, 2015 in FAMILY LAW UPDATES, LEGAL UPDATES

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...

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Stepchild Adoption by Same-Sex couple in Italy

Posted by on Sep 8, 2014 in FAMILY LAW UPDATES, LEGAL UPDATES

In a landmark decision on 29th August 2014, an Italian court recognised a woman’s right to adopt the biological child of her same-sex partner. The girl was born after the couple sought fertility treatment in Spain. The couple had then married abroad following the birth of the child, raising her together and sharing parental responsibilities at their home...

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