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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Power of attorney for use in Italy

Posted by on Mar 30, 2014 in FAMILY LAW UPDATES, LEGAL UPDATES, PROPERTY LAW UPDATES | Comments Off on Power 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 affairs and bank accounts or to set up a company. If the power of attorney is signed in Italy, the signature must be witnessed by a Notary Public. This is not always straightforward if the...

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Non EU spouses of EU nationals

Posted by on Mar 23, 2014 in FAMILY LAW UPDATES, LEGAL UPDATES | Comments Off on Non 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 an EU citizen of that Member State (Judgment in Cases C-456/12 and C-457/12). These rulings were in response to two separate requests from the Netherlands, in the context of four different...

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The right to choose a surname

Posted by on Jan 17, 2014 in FAMILY LAW UPDATES, LEGAL UPDATES | Comments Off on The 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 that they are the same person as when they bore their maiden name, and in most cases we are able to resolve the question by preparing a statutory declaration. We recently assisted a UK...

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New law on Legitimate and Illegitimate Children

Posted by on Jan 16, 2014 in FAMILY LAW UPDATES | Comments Off on New 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 from the Italian Civil Code. These changes will have notable consequences, particularly in succession law; all children will now have the same rights of inheritance to their parents’...

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UK nationals – new rules for marriage in Italy

Posted by on Mar 8, 2013 in FAMILY LAW UPDATES | 0 comments

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, fixed with an Apostille and translated into Italian; Bilingual Statutory Declaration – made in front of a UK Lawyer or Notary and also fixed with an Apostille. The previous...

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