UPDATED – Registering with married name in Italy

Posted by on Mar 27, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 England that a woman take her husband’s surname; a marriage certificate which shows both the woman’s maiden name and the husband’s surname will suffice as evidence to enable her to change...

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Mental capacity issues and Italian law

Posted by on Jan 27, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 of the Public Guardian in the UK is not recognised in Italy. Likewise, a court order made in Italy nominating a guardian (tutore/ amministratore di sostegno) or removing legal capacity...

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Enforcing a maintenance order in another EU country

Posted by on Jan 26, 2018 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 issue with the way in which the husband introduced the claim in the Italian courts. According to the Regulation on the Recognition and Enforcement of Maintenance Orders (EU Regulation no....

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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 | 0 comments

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 influential. The court decided that in determining the right to and amount of maintenance for the weaker spouse, the main factor should be the financial independence, or lack of, of that...

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Cohabitation agreements

Posted by on Jan 29, 2017 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 professional will also be responsible for the rescission of the contract (by either the wish of both parties, a unilateral decision, by death or marriage) communicating any changes to the Comune, as...

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Civil Unions and Cohabitation Bill

Posted by on May 18, 2016 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 Civil Status Officer and two witnesses.  A civil union will provide a couple with some, but not all, of the rights enjoyed by heterosexual married couples (for example, the right to receive...

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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 | Comments Off on Italian 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 administrative court in Italy, that a registration of a same-sex marriage has no legal basis, is null and void and liable to be cancelled by the Prefettura. This decision was the conclusion...

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New legislation – “Quick” divorces in Italy

Posted by on May 7, 2015 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 upon to make a decision upon the terms of the separation). This new law applies to all couples, regardless of whether they have minor children, and can be applied retrospectively to couples...

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UPDATED – Registering with married name in Italy

Posted by on Apr 20, 2015 in FAMILY LAW UPDATES, LEGAL UPDATES | 0 comments

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 England that a woman take her husband’s surname; a marriage certificate which shows both the woman’s maiden name and the husband’s surname will suffice as evidence to enable her to change...

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Stepchild Adoption by Same-Sex couple in Italy

Posted by on Sep 8, 2014 in FAMILY LAW UPDATES, LEGAL UPDATES | Comments Off on Stepchild 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 in Rome. The Rome Court (Tribunale per i Minorenni) upheld the mothers’ request for adoption based on Article 33 of the Law of Adoption of 4 May 1983, n.184, modified by law 149 of 2001....

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