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...
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 MoreStepchild Adoption by Same-Sex couple in Italy
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...
Read MorePower of attorney for use in Italy
LEGAL UPDATE by Charlotte Oliver: A power of attorney (“procura generale” or “procura speciale”) must be drafted and signed in a valid form acceptable in Italy, in order to give the power to another person to carry out transactions such as the purchase or sale of property, to act in a succession in Italy, to deal with financial...
Read MoreNon EU spouses of EU nationals
FAMILY LAW UPDATE by Jessica Zama: Rights of residence of third-country nationals who are family members of an EU citizen in the Member State of the origin of that citizen. On 12 March 2014, the European Court of Justice ruled in respect of a Member State’s authority to grant a right of residence to a third-country national who is a family member of...
Read MoreThe right to choose a surname
LEGAL UPDATE BY JESSICA ZAMA: While it is normal practice in the UK for a woman to take on her husband’s surname upon marriage, in Italy a woman will always remain known by her maiden name. We are often asked to assist British citizens, who have changed their surnames following marriage, in dealing with Italian authorities such as Banks, who require proof...
Read MoreNew law on Legitimate and Illegitimate Children
LEGAL UPDATE BY Jessica Zama 15th January 2014: New Regulations in Italy, (Legge 10 December 2012, n. 219) which came into force on 1 January 2014, effectively remove all legal distinctions between legitimate and illegitimate (i.e. born out of wedlock) children, as well as with adopted children. Any references which make these distinctions will be removed...
Read MoreUK nationals – new rules for marriage in Italy
UPDATE by Jessica Zama 8.3.2013 New procedural requirements for UK nationals intending to marry in Italy From 1st March 2013, UK nationals, resident in the UK and intending to marry in Italy, now need to provide the following documentation: Certificate of No Impediment to Marriage – this must be issued by the local registry office in the UK,...
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