FAMILY LAW IN ITALY
Our lawyers offer a specialised service, in English and Italian, representing clients in matters of Family Law in Italy.
Most of the work that we carry out in this field has an international element. We assist couples and spouses, often of different nationalities, or where one of the parties is based outside Italy.
There may be more than one competent jurisdiction for a separation or divorce or issues relating to children or maintenance. Many factors can be taken into account by the courts as to the correct jurisdiction and in particular the habitual residence of one or both parties or the children.
Where the Italian courts have jurisdiction, we represent our clients in all proceedings in the Tribunale Ordinario and the Tribunale dei Minori including applications for consensual or legal separation, divorce, matters relating to children and parental responsibility, maintenance claims, adoption rights, and the enforcement of foreign family law judgements.
We can also assist in matters where a foreign law is applied to a particular case in Italy, for example in court proceedings where the common law of nationality of both parties is relevant to determine a particular issue. We can assist in drawing up an agreement between partners as to the law applicable to their relationship or separation.
We can also provide support and legal assistance where a client is resident in Italy, but where a foreign court has jurisdiction, for example for the recovery of maintenance or child abduction from a person living abroad.
Italian law is complemented by numerous International Agreements and European Regulations relating to family law matters including separation, divorce, maintenance payments and the rights of children. Charlotte Oliver is a member of the European Family Law Observatory.
FAMILY LAW UPDATES
Click on the button to read our regular legal updates in relation to caselaw or legislation of particular interest to our international clients.