How to register your UK divorce in Italy, by our family law experts

If you are in the process of getting a divorce in the UK or wishing to remarry in Italy, you may be wondering how the legal process for registering a divorce in Italy works and what Italian divorce laws apply to your individual circumstances. Here at The Italian Lawyer our team of divorce lawyers are experts at family law and will help you make this complex legal process as smooth as possible.

On this article, which applies to any UK divorce decree being registered in Italy, we will guide you on the main steps on how to register your UK divorce in Italy.

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Why register a UK divorce in Italy?

An Italian citizen who is divorced in the United Kingdom has to provide an acknowledgement of the divorce in Italy. Registering the divorce decree in Italy is crucial for several reasons:

  • Legal recognition of your divorce: Italian authorities may not accept your UK divorce as valid if it is not registered. This may lead to complications if you wish to remarry in Italy. Under Italian law, getting married while still legally married is a crime known as bigamy.
  • Inheritance and property rights: an unregistered divorce may lead to problems regarding your marital status, which may potentially affect your inheritance rights or ownership of property held jointly with your ex-spouse in Italy.
  • Tax implications: depending on your situation, an unregistered divorce might affect your tax status in Italy, in particual those concerning spousal benefits or joint tax filings. By registering your divorce, you avoid any unwanted tax surprises.
  • Peace of mind: having your divorce officially recognised in Italy will bring a lot of peace of mind knowing that your marital status is clear and will not cause any legal challenges in the future.

The Italian Lawyer divorce solicitors and family law get divorce registered in Italy

Italian family law: the divorce registration process

According to Italian family law the request for transcription of the divorce, accompanied by the necessary documentation, must be submitted directly to the Italian Comune where the marriage record is transcribed by anyone who has an interest. In this case, it will be the responsibility of the Comune to inform the Consulate of the transcription, in order to update the consular register. Here’s a breakdown of the divorce registration process:

  1. GATHER YOUR DOCUMENTS: you will need to provide all the correctly filled in documents to register your divorce. You will generally need the following documents:
    1. application form;
    2. decree absolute in original;
    3. agreement for children in original (if there is one);
    4. Certificate Art. 39 – Form D180 original;
    5. confirmation of notification to the Respondent (“Acknowledgement of service”).
  2. FING THE RIGHT COMUNE: Where you submit your request depends on your situation:
    1. AIRE registered and married in Italy: if you are registered with AIRE (Anagrafe degli Italiani Residenti all’Estero, or Registry of Italians Residing Abroad) and the marriage was celebrated in Italy, the divorce decree will be sent for transcription to the Comune of AIRE registration (Comune of last residence in Italy).
    2. Not AIRE registered: if you are AIRE registered, you will need to submit the divorce request directly to the Italian Comune where your marriage record is transcribed.
  3. SUBMIT THE REQUEST: once you have your documents ready and know the appropriate Comune, submit your request for divorce registration.

Your divorce registered in Italy with our team of family law solicitors

Get legal assistance for a stress-free divorce registration from one of the UK’s top-rated Italian law firm. Let our experienced family law solicitors guide you through every step of the process. Book your FREE ASSESSMENT CALL today!

Key dates: pre- and post- December 2020 divorce decrees.

Due to changes in European Union regulations on matrimonial matters that came into effect on December 2020, there is a key distinction in the divorce registration process depending on whether your UK divorce sentence is prior to the 31st of December 2020 or if the sentence is after the 31st of December 2020.

How does regulation EU 2016/1103 affect you?

With the introduction of Council Regulation (EU) 2016/1103, the Council of the European Union wanted to simplify and speed up cross-border divorce procedures. What this means for you:

  • If your divorce decree is from before December 31st, 2020, the older regulations apply. These may involve additional steps or procedures for divorce registration.
  • If your divorce decree was issued after 31st of December, 2020, the new streamlined procedures outlined in the newly introduced regulation should apply. This generally simplifies the registration process.

FAQs: your questions answered by our divorce lawyers

How long does it take to register a divorce in Italy?

It is very difficult to estimate the timeframe for a divorce in Italy and it varies depending on the complexity of the case and the chosen path. Approximately, an uncontested divorce with mutual consent can be finalised relatively quickly, anything from six to twelve months following the legal separation period. Other more complex case, like contested divorces and in particual those involving child custody or financial disputes, can take significantly longer.

Can I get a divorce in Italy if I am not an Italian citizen?

Yes, you can get a divorce in Italy if you are not an Italian citizen, provided certain conditions are met. These conditions typically involve residency requirements and the nationality of both spouses. It’s important to consult with a lawyer specialising in Italian divorce law to determine the specific requirements for your situation.

What happens to my children in an Italian divorce?

Italian courts prioritise the best interests of the child during a divorce. Custody arrangements, also know in Italy as affidamento and child support or assegno di mantenimento are typically determined by the court based on factors like the age of the child, their specific needs and the ability of each parent to provide care.

Do I need to get a divorce lawyer in Italy?

While not mandatory, we strongly recommend to get legal help from a divorce lawyer specialising in Italian family law. The legal complexities of getting a divorce in Italy, especially when dealing with the international aspects, make legal guidance invaluable. An experienced team of Italian divorce lawyers like ours can be a huge assett. We will make make sure your rights are protected, guide you through the legal process, and represent you in court. Plus, we can save you a lot of hassle by handling communication and paperwork, avoiding unnecessary travel between the two countries, and overcoming any language barriers that might arise.

Your divorce recognised in Italy with the best divorce solicitors

Our team of divorce solicitors are experts in Italian family law and will be able to guide you through the divorce registration process, collecting the relevant documentation, informing you if you need any documents to be apostilled, legalised and/or translated.

Contact us today and get the legal help you need to get your divorce registered in Italy. Send us an email at info@theitalianlawyer.com and book your initial FREE ASSESSMENT CALL, during which we will provide you with all the details to proceed with your divorce registration.

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