Short divorce in Italy

As regards the recognition of foreign divorces, it must be highlighted that divorce measures obtained abroad, if compliant with the requirements for foreign short divorce provided for by private international law, enjoy automatic recognition in Italy. This means that, once divorce has been obtained in another country, its validity is recognised in the Italian system without the need for further complex procedures, provided that it respects the fundamental principles of the Italian legal system.

Therefore, automatic recognition in Italy of a divorce measure obtained abroad is subordinate to compliance with the provisions of Italian private international law:

1. Competence of the foreign judge: The authority that issued the measure must have been competent according to the criteria established by private international law.
2. Conformity with the applicable law: The divorce must have been pronounced respecting the law applicable to the case, determined according to the criteria of conflict of laws (for example, the law of the State in which the spouses had common residence).
3. Absence of conflict with Italian public policy: The decision must not be contrary to the fundamental principles of the Italian legal system, such as those relating to the dignity of persons or to respect for fundamental rights.
4. Definitiveness of the decision: The foreign measure must be definitive and not appealable in the State in which it was issued.
5. Respect for the right of defence: The parties involved must have been put in a position to participate in the proceeding and to assert their reasons.

If one or more of the conditions indicated above are not met, automatic recognition is not possible and it will be necessary to obtain the delibation of the Italian Court of Appeal. The latter is required also if one of the parties opposes the recognition of the divorce or raises disputes, making judicial intervention necessary.

As regards divorces pronounced in States not adhering to the European Union, it must be said that for divorces obtained in non-EU States, which are not subject to EU Regulation n. 2201/2003 (Brussels II bis) or to other international agreements, it may be necessary to resort to delibation.

Furthermore, for divorces obtained in States not adhering to the European Union, the delibation of the judgment may be requested at the Italian Court of Appeal. This happens especially when the foreign judgment does not respect the fundamental principles of the Italian legal system, such as the right of defence, or in case of conflicts with decisions already taken by Italian courts.

Boschetti Studio Legale ensures professional management of all these aspects, ensuring that the advantages of short divorce abroad are maximised in compliance with the regulations in force and the interests of all the parties involved.

The choice of the country where to start a procedure of international short divorce represents a fundamental strategic element, because, among other things, it can entail reduced times and costs compared to short divorce in Italy. The Rome III Regulation (1259/2010) has created a uniform regulatory framework with the aim of allowing the choice.

Coming to the various States that provide short divorce procedures, reference can be made to the Spanish procedure, which stands out as one of the most efficient in Europe. Spanish legislation allows obtaining divorce after only three months from marriage, without requiring a preliminary period of separation. This contrasts significantly with the Italian system which, despite the reforms of Legge 55/2015, still requires twelve months of separation for judicial procedures and six months for consensual ones.

The French system also offers more streamlined procedures, allowing consensual divorce through a convention countersigned by lawyers and registered by a notary, without the need for the intervention of the judge. This procedure proves particularly advantageous for couples who have reached a complete agreement.

The German system, although providing for a period of separation, presents more structured and potentially faster procedures when there is the consent of both parties. The specific competence of German courts in family matters ensures an efficient management of cases.

Romania offers a particularly interesting procedure, in that it does not provide for the institution of legal separation. The new Romanian Civil Code allows consensual divorce through administrative or notarial procedures, making the process faster and more efficient. In case of lack of consent, it is sufficient to demonstrate a serious deterioration of the marital relationship or a de facto separation of two years.

The Netherlands stands out for its flexibility and procedural rapidity, offering the possibility of obtaining divorce in short times through specialised agencies, with limited costs of around 3,000 euros.

For the sake of completeness, it is considered useful to highlight that England, once a privileged destination for international divorces, has recently modified its regulations, requiring residence in loco for at least one year and a period of separation that varies from two to five years depending on whether the divorce is consensual or not. Switzerland also represents a not very attractive option, given that, although preliminary separation is not required, the consent of both parties is necessary to proceed directly to divorce; otherwise, two years from the start of de facto separation must be awaited, with high costs.

The validity of international short divorces in Italy is guaranteed by EU Regulation n.2019/1111 and by the 1970 Hague Convention, which provide for the automatic recognition of foreign divorce judgments, provided they respect the fundamental principles of the Italian legal system. This means that, once divorce has been obtained in one of these countries for short divorce, its effectiveness will be automatically recognised in Italy.

Boschetti Studio Legale offers specialised advice to identify the country most suited to the specific needs of clients, considering not only the rapidity of the procedure but also factors such as the language of the proceeding, the overall costs of foreign short divorce and the ease of management of the documentation. Our experience allows us to accurately assess which jurisdiction can offer the most efficient path, while at the same time ensuring full validity of the foreign short divorce in Italy.

The procedure for international short divorce follows a specific path defined by European regulations and by international conventions. Boschetti Studio Legale accompanies clients through every stage of the process, ensuring effective and professional management.

The path substantially follows the following stages:

1. Preliminary assessment phase. The first fundamental step consists of the assessment of the competent jurisdiction according to EU Regulation 2019/1111. At this stage, the specific situation of the spouses is analysed to determine which country can take competence of the case, considering factors such as habitual residence, citizenship and other connecting criteria provided by the legislation.
2. Choice of the applicable law. According to the EU Regulation Rome III (1259/2010), the spouses can choose the law applicable to their divorce. This decision must be formalised in a written agreement that respects the formal requirements provided by the legislation. It is crucial that this choice take place before the start of the divorce procedure.
3. Start of the procedure. Once the competent jurisdiction and the applicable law have been identified, one proceeds with the submission of the divorce application to the competent authority of the chosen country. The required documentation varies depending on the country, but generally includes marriage certificates, identity documents and, if required, evidence of residence.
4. Recognition in Italy. As provided by the 1970 Hague Convention and by EU Regulation n.2019/1111, the divorce measure obtained abroad is automatically recognised in Italy, provided it respects the requirements provided by legge n. 218/1995. It is important to ensure that the procedure followed is compliant with the fundamental principles of the Italian legal system to ensure subsequent recognition. In particular, the Brussels II-ter Regulation facilitates recognition without the need for further delibations, provided the regularity requirements are respected.

As can be noted, a fundamental aspect concerns legal certainty and mutual trust in the administration of justice in the Union. The Regulation provides that decisions issued in a Member State be recognised in the other Member States without the need for special procedures, thus ensuring the cross-border effectiveness of divorce.

Boschetti Studio Legale ensures complete assistance at every stage:

• Preliminary assessment of the competent jurisdiction
• Choice of the most advantageous applicable law
• Preparation and submission of the necessary documentation
• Management of relations with the central authorities
• Assistance in the process of recognition of the decision in Italy

Our objective is to ensure an efficient and rapid procedure, in full respect of European and national regulations, ensuring the protection of the interests of our clients at every stage of the process.

The costs of short divorce abroad vary significantly based on the country chosen for the procedure and on the complexity of the case. EU Regulation2019/1111 and the Rome III Regulation have simplified the procedures, but it is important to consider all economic aspects before undertaking this path.

Each jurisdiction presents a different cost structure. For example, while in the Netherlands it is possible to obtain a divorce with a limited expenditure of around 3,000 euros, in Switzerland legal costs can reach almost triple compared to those in Italy. In France, despite the efficiency of the system, the high legal costs can represent a deterrent element for many couples.

A further element to consider is that some countries, such as Spain, require the translation and legalisation of all documents to be presented in court. This can add further expenses to the proceeding, which vary depending on the number of acts required and on the local rates for translation. Furthermore, if the chosen country requires the physical presence of the spouses, as happens in some cases in Romania, travel costs must be added.

The main expense items to consider include the lawyers’ fees in the chosen country and in Italy, the costs of translation and legalisation of documents, any travel expenses and, in some cases, the costs to establish residence in the chosen country. It is important to underline that some countries require the physical presence of the parties during the proceeding, which can entail additional expenses.

To ensure maximum transparency, Boschetti Studio Legale provides a detailed preliminary consultation on the foreseeable costs of the entire procedure. The estimate considers not only the direct costs of divorce abroad, but also those relating to the subsequent recognition of the judgment in Italy, as provided for by Regolamento UE 2019/1111.

In the presence of children, additional costs must also be considered, linked to the need to prepare specific agreements for custody and maintenance, which may require the intervention of specialised professionals such as family mediators or psychologists.

Our experience allows us to identify the most efficient solution from an economic point of view, while maintaining high standards of service quality. The objective is to ensure an effective proceeding which, although requiring an initial investment, can prove advantageous in terms of times and results compared to a traditional procedure in Italy.

The dissolution of a civil union can take place for various reasons, including the will of the parties, the death of one of the partners or the registry rectification of sex. The law regulates the procedure to ensure equitable treatment in conformity with family law regulations.

The parties can decide to dissolve the civil union by manifesting their will before the civil status officer, even separately. Subsequently, after at least three months have elapsed, one of the parties can submit a formal application for dissolution to the competent court (art. 1, comma 24). This interval was introduced to allow a period of reflection before the definitive formalisation of the separation.

In the event of the death of one of the partners, the dissolution of the union takes place automatically. The same principle applies if presumed death is declared. Furthermore, a judgment of rectification of sex of one of the two partners entails the dissolution of the civil union, unless the partners have expressed the will to convert the bond into marriage.

The law refers to certain provisions already provided for marriage, such as those of legge n. 898 of 1970 on divorce, adapting them to the context of civil unions (art. 1, comma 25). For example, property division follows rules similar to those provided for spouses, taking into account any property agreements in place and the economic needs of the economically weaker partner.

It is provided that the judge may establish economic obligations between the parties, such as a maintenance allowance, where one of the two finds themselves in a condition of particular economic fragility at the moment of dissolution. Such obligations are assessed on the basis of the duration of the union and of the personal and economic circumstances of the parties.

Boschetti Studio Legale, with its team of lawyers experienced in family law, offers complete assistance for the procedures of dissolution of civil unions. The firm supports clients in managing all legal aspects, including property negotiation, dispute resolution and the definition of maintenance agreements. Furthermore, it provides personalised advice to address complex cases, such as those linked to the registry rectification of sex or to the division of common assets. Thanks to a professional approach attentive to the needs of clients, Boschetti Studio Legale guarantees an effective assistance respectful of the rights of the parties involved.

The validity in Italy of a short divorce obtained abroad follows different rules depending on whether the judgment comes from a Member State of the European Union or from a third country.

EU Regulation 2019/1111 has introduced the principle of automatic recognition for decisions issued in Member States, considerably simplifying the procedure. This means that no particular proceeding is necessary to obtain recognition, and the review of the competence of the judge of origin is not provided.

For divorces pronounced within the EU, recognition can be denied only in exceptional cases, such as when it is manifestly contrary to Italian public policy. It is important to underline that the simple difference between national legislation does not constitute grounds for refusal. For example, a divorce judgment pronounced in Spain after three months will be recognised in Italy, despite the shorter times compared to Italian regulations.

For divorces obtained in States not Members of the EU, the 1970 Hague Convention and legge 218/1995 apply, which provide for specific requirements.

The Convention regulates the recognition of divorces and personal separations between Contracting States and applies only in cases in which both parties have a connection with one of the signatory States. The main requirements provided are:

• Jurisdictional competence: the court that pronounced the divorce must have been competent on the basis of criteria recognised by international law.
• Definitiveness of the decision: the divorce measure must be definitive and not susceptible to further appeals in the State in which it was issued.
• Absence of conflict with public policy: recognition cannot be granted if the content of the measure or the modalities by which it was obtained conflict with the fundamental principles of the legal system of the requested State (in the Italian case, the constitutional principles and the non-derogable rules).
• Respect for the right of defence: both spouses must have been adequately informed of the proceeding and have had the possibility to participate in it, ensuring procedural fairness.

Legge n. 218/1995 regulates at national level the recognition of foreign measures, including divorces, also in cases not covered by the Hague Convention. The main requirements are:

• Jurisdiction of the foreign court: the foreign authority must have acted in compliance with the criteria of competence recognised by Italian private international law (art. 64 Legge n. 218/1995).
• Conformity with the applicable law: the divorce must have been pronounced on the basis of the applicable law determined by Italian conflict criteria (art. 31 and art. 32).
• Absence of conflict with public policy: the foreign measure cannot be recognised if it violates the fundamental principles of the Italian legal system, such as the protection of personal dignity and respect for human rights.
• Respect for the principle of cross-examination: recognition is excluded if the foreign decision was pronounced without respect for the right of defence of one of the parties (art. 64, comma 1, lett. b).
• Definitiveness of the decision: the measure must be considered definitive and not appealable in the State of origin (art. 64, comma 1, lett. c).
• Compatibility with Italian measures: there must be no conflict with a decision already pronounced in Italy or in another State with respect to the same legal relationship (art. 64, comma 1, lett. d).

If the divorce was pronounced in a State adhering to the 1970 Hague Convention, this prevails over Legge n. 218/1995, providing a harmonised basis for recognition. However, Italian regulations integrate and regulate cases not covered by the Convention, ensuring a broader and more flexible assessment of the recognition of foreign divorces.

In both cases, the main objective is to ensure that foreign measures respect the fundamental principles of Italian law and protect the rights of the parties involved.

Boschetti Studio Legale offers specialised assistance in verifying all these requirements and in managing the recognition procedure. We take care of preparing all the documentation necessary for the annotation in the Italian civil status registers, including the correct compilation of the certificate provided for by EU Regulation 2019/1111 for European divorces.

Particular attention is dedicated to ancillary decisions concerning child custody and maintenance obligations, ensuring that they are compliant with the higher interest of the minors as provided for by the 1996 Hague Convention. Our experience ensures complete and effective management of the recognition process, allowing clients to fully regularise their position in Italy.