After a separation, the desire to start again somewhere else may arise: a job opportunity, returning to one’s country of origin, a new relationship or simply the wish to turn the page. When children are involved, however, a parent’s personal plans encounter a clear limitation, because moving a child to another country is not a decision that concerns only one parent. The question many people ask is direct: can I leave with my child without asking the other parent? The answer involves parental responsibility, the other parent’s consent and, where consent is not given, the intervention of the court. In this guide, we explain what the law provides, the risks of acting without agreement and how to obtain proper authorisation for the move.

Moving abroad with a child after separation: is consent required?

In the vast majority of cases, the answer is yes. Separation does not bring to an end the responsibilities that both parents have towards their children. Except in particular circumstances, the mother and father remain jointly responsible for the most important decisions concerning the child’s life, and the choice of where the child will live is fully included among them. For this reason, moving abroad with a child after separation is not a decision that can be made unilaterally, even where the child lives mainly with the parent who intends to relocate.

The reason is simple. Deciding where the child will reside directly affects the relationship with the other parent, the frequency of contact and the organisation of everyday life. It is one of those decisions of major importance which, by their nature, must be shared. Moving to another Italian city already requires careful consideration. Taking the child to another country radically changes the balance, and this is precisely why the law requires prior agreement.

In practical terms, the parent planning the move has two possible options. The first, and preferable, is to obtain the other parent’s consent through a clear agreement, ideally recorded in writing, which also regulates how the relationship with the parent remaining behind will continue. The second, where no agreement can be reached because the other parent objects or does not respond, is to apply to the court. What should never be done is to leave unilaterally and rely on the situation becoming an accomplished fact. As we will explain, this is the course of action that creates the greatest risks and may turn a legitimate plan into an unlawful act.

Moving a child’s residence abroad: what the law provides

You may be wondering why the other parent’s consent carries so much weight when you are the person caring for your child every day. The answer lies in a simple principle of European family law: caring for a child means sharing a series of rights and duties concerning that child, including both the right to have the child with you and the right to maintain a relationship with them. One detail changes everything: the law expressly includes among those rights the right to participate in deciding where the child will live. Deciding where your child will reside is therefore never a matter for one parent alone.

The consequences are practical. Where both parents exercise parental responsibility jointly, as is normally the case, neither parent may decide alone where the child will live. This is why moving a child’s residence abroad requires either the agreement of the other parent who shares that responsibility or a court decision authorising the move. This is not a formal technicality, but a safeguard designed to protect the child and, at the same time, the child’s relationship with both parents.

Every step is guided by one principle alone: the best interests of the child. The child is always the central consideration. It is no coincidence that the competent court is also identified by reference to the child’s habitual residence, meaning the place where the child genuinely has the centre of their life. As long as your child lives permanently in Italy, the Italian court has the final say on decisions concerning them, including relocation. Understanding this in good time avoids the most common mistake we encounter: assuming that the decision can be made alone and discovering too late that it should have been agreed jointly or authorised.

When court authorisation is required to move a child abroad

If the other parent gives consent, the process becomes straightforward. Once formalised, the agreement allows the relocation to be organised with confidence. The difficulty arises where there is no agreement because the other parent expressly objects, imposes unacceptable conditions or simply fails to respond. In such situations, the parent who wishes to move is not without options, but must apply to the competent court for authorisation.

The court does not merely record the wishes of the parent making the application. It carries out a substantive assessment, balancing two interests that may be in tension. On one side is the parent’s relocation plan and the reasons supporting it. On the other is the child’s right to maintain a stable and meaningful relationship with the parent who would remain in Italy. The standard against which everything is assessed is the best interests of the child, considered in the specific circumstances rather than in the abstract.

For this reason, the outcome cannot be taken for granted. A relocation may be authorised where it appears consistent with the child’s wellbeing and where suitable measures are put in place to preserve the relationship with the other parent. It may be refused where it appears to be driven solely by the adult’s needs or where it would effectively sever the child’s relationship with the parent remaining behind. Very practical factors are taken into account, including the child’s age, school and emotional ties, the distance involved and whether sustainable arrangements for contact and travel can be organised. Appearing before the court with a vague proposal weakens the application. Presenting a serious and well documented plan is the best way to obtain authorisation.

Moving a child abroad without consent: the risks and child abduction

The temptation to leave without saying anything and place the other parent before an accomplished fact may be understandable, but it is dangerous. Moving a child abroad without the other parent’s consent or court authorisation may amount to an unlawful removal, known internationally as child abduction. This occurs where the move breaches rights of custody exercised by the other parent, either alone or jointly, at the time of departure.

The consequences are serious and often underestimated. For children under the age of sixteen, the 1980 Hague Convention provides a return mechanism. The parent who remains behind may request that the child be returned to the country where they lived before the removal. The purpose of those proceedings is not to decide which parent should have custody, but to restore the previous situation urgently and leave the substantive decisions to the court of the child’s country of origin. As a general rule, that court retains jurisdiction despite the child’s removal.

For the parent who acted unilaterally, the result is almost always counterproductive. Instead of consolidating the new living arrangements, they may be required to dismantle them quickly, subjecting the child to a further upheaval. There may also be consequences for future parental arrangements, because such conduct is likely to be regarded as contrary to the child’s interests and disloyal towards the other parent. In other words, what appeared to be a shortcut becomes the greatest obstacle. Seeking consent or court authorisation, even where it seems slower, is the only way to protect both the relocation plan and the child.

How to obtain authorisation for the relocation

The correct process begins well before the suitcases are packed. The first step is to make a genuine attempt to reach an agreement with the other parent, because a shared arrangement is the quickest, least expensive and most stable solution. Where agreement is reached, it should be recorded in writing in detail, covering not only consent to the move but also the arrangements through which the child will continue to spend time with the parent remaining in Italy.

If agreement cannot be reached, an application must be submitted to the competent court, identified according to the child’s habitual residence. The difference between an application being granted or refused almost always lies in the quality of the preparation. It is not enough simply to express a wish to move. A concrete plan must be developed showing how the relocation will benefit the child and preserve their emotional stability. Verifiable information is useful, including housing arrangements, school enrolment in the new country and the overall living conditions that will be available.

Particular importance is given to the arrangements for the parent remaining behind. Proposing a realistic schedule for visits, holidays, travel and remote contact, together with a fair allocation of costs and travel responsibilities, demonstrates to the court that the relationship will not be sacrificed. The more credible the plan is and the more closely it responds to the child’s needs, the greater the likelihood of obtaining authorisation. Consistency over time also matters. Cooperative conduct and respect for the other parent’s role strengthen the position of the parent seeking permission to relocate. Approaching this stage methodically, rather than treating it as a formality to be completed quickly, makes the difference between a relocation authorised on a solid basis and an attempt likely to encounter serious obstacles.

The role of the lawyer

A case involving separation, children and different countries requires expertise that goes beyond goodwill alone. A lawyer experienced in international family law first helps to frame the situation correctly. Determining whether the other parent’s consent is sufficient or court authorisation is required, and identifying the competent authority, prevents mistakes that may have serious consequences.

From an operational perspective, the lawyer assists the parent throughout the entire process. Where the other parent is willing to cooperate, the lawyer prepares a clear and comprehensive agreement setting out the terms of the relocation and regulating the child’s relationship with both parents. Where no agreement can be reached, the lawyer prepares the application to the court and, most importantly, the relocation plan to be submitted with it. This plan must be centred on the child’s best interests, anticipate potential objections and demonstrate that the new arrangements are sustainable. This preparatory work often determines the outcome.

There is also an important protective function that should not be overlooked. Following the correct procedure means protecting against the risk that the move will be classified as child abduction, with all the consequences this entails. The lawyer assesses the timing, coordinates the necessary steps between the two legal systems involved and ensures that every stage is properly documented. The lawyer also provides an objective perspective during an emotionally difficult period, helping distinguish between what is genuinely achievable and what may ultimately be counterproductive. In these cases, relying on a professional does not delay the project. It makes the project possible and secure. The Law Firm remains available to examine the specific circumstances and identify the most appropriate course of action.

A family with one foot in Italy and the other in Canada benefits from the richness of two cultures, but it also faces two legal systems that approach inheritance in profoundly different ways. Planning in advance, with both systems in mind, is the best way to prevent children from having to deal with duplicate procedures and conflicting rules. Here is how to navigate wills, applicable law and probate clearly and effectively.

International will between Italy and Canada: why one document may not be enough

Many families have become divided between Italy and Canada over time: parents who emigrated overseas, children born there, a home remaining in Italy and perhaps grandparents who still live there. When the time comes to consider how to pass on what has been built, it becomes clear that an international will involving Italy and Canada is not as straightforward as arranging matters in a single country, and relying on one document alone may prove short sighted.

The reason is simple, but often overlooked. Italy belongs to the European legal tradition, which generally seeks to have the entire succession governed by a single law. Canada, by contrast, falls outside that system and applies its own rules, which also differ from one province to another, as most of the country follows the common law model while Québec follows the civil law tradition. These are two legal worlds that do not automatically interact and may follow different paths when dealing with the same estate.

There is also a very practical consideration. Assets located in Canada usually pass to the heirs through a local court procedure that may not easily accommodate a will designed only for Italy. Similarly, Italian assets remain subject to the rules of the Italian legal system, and in practice it is not uncommon for two parallel succession processes to be required.

Planning that is effective in only one country while overlooking the other risks leaving the family to deal with duplicate procedures, long delays and unexpected costs. Understanding how the two systems genuinely work is the first step towards protecting the next generation, and this is where the planning should begin.

Comparing the Italian and Canadian systems: civil law and common law

To understand the position, it is useful to focus on the fundamental difference between the two legal systems. Succession in Italy and Canada is based on two distinct legal traditions: civil law, to which Italy belongs, and common law, which applies throughout most of Canada, with the exception of Québec, which follows a civil law tradition.

Under the Italian system, the transfer of an estate is essentially a private and direct process. Upon death and acceptance, the heir succeeds directly to ownership of the deceased’s assets, and the court intervenes only where a problem arises. The testator may dispose of their assets within certain limits because part of the estate is reserved by law to close family members, including the spouse and children. Even where an executor is appointed, the executor does not become the owner of the estate. The role is temporary and limited to administration, and court authorisation is generally required to sell an asset.

The Canadian common law model follows a different logic. Between the deceased and the beneficiaries stands a central figure, the executor or administrator, who, following the relevant procedure, acquires legal title to the estate assets in order to collect them, pay the debts and distribute what remains to the beneficiaries only at the end. Testamentary freedom is generally broader, and alternative instruments such as trusts are commonly used to transfer wealth outside traditional succession rules.

These two very different approaches produce practical consequences for who inherits, how the transfer takes place and how long it takes. Ignoring this distinction when assets are divided between the two countries means building the succession plan on a mistaken assumption from the outset.

Probate in Canada: what it means for your Italian assets

One word always arises in Canada when inheritance is discussed: probate. It is important to understand it because it directly affects how an estate involving assets in Italy and Canada should be organised. Probate is not, as is sometimes assumed, the equivalent of the Italian publication of a will. It is a broader process before a provincial court that confirms the validity of the will and the testator’s legal capacity, and gives the executor authority to act. Once this assessment has been completed, the will acquires evidential force similar to that of an official public instrument, and before that stage banks and institutions will generally not release assets.

The procedure serves several purposes at the same time. It confirms the authenticity of the will, ensures that debts are paid before any distribution, determines the value of the estate and calculates taxes and fees on that basis, which vary from province to province. Not every asset passes through probate. Certain assets, including those jointly owned with a right of survivorship or accounts with a designated beneficiary, may transfer outside the procedure.

This creates a potential misunderstanding for an Italian Canadian family. Mechanisms such as automatic transfer to a surviving joint owner are not recognised in the same way under Italian law, which may regard them as inconsistent with its own principles. As a result, jointly owned property situated in Italy will still form part of the succession under Italian rules. Probate therefore operates in relation to Canadian assets, not Italian assets, which continue to follow the Italian legal process. This asymmetry is precisely why planning must consider both sides together.

How to choose the law applicable to the succession

Once the differences have been clarified, the next question is which law governs the succession of someone whose life is divided between the two countries. The answer may surprise those expecting a single law to apply to everything. Canada is a country with several legal systems, and the first step is to identify which provincial law applies, because succession in Ontario, which follows common law, is governed by different principles from succession in Québec, which follows the civil law tradition.

On the Italian side, the interaction may often lead to a specific result known as scission. Canadian common law provinces generally distinguish between movable assets, governed by the law of the deceased’s domicile, and immovable property, governed by the law of the place where it is located. Through the mechanism of renvoi, the Italian legal system may accept this approach, with the result that real estate situated in Italy remains governed by Italian law, while movable assets may be subject to the Canadian law of domicile. In practice, two distinct succession regimes may therefore coexist within the same estate, each with its own rules concerning who inherits and in what shares.

The individual’s wishes are not entirely excluded from this framework. Under European law, it is possible within certain limits to choose during one’s lifetime which law will govern the succession, adding an element of certainty. Canadian assets will nevertheless remain subject to local rules and procedures. Understanding in advance how these systems interact, and what a choice of law can and cannot achieve, makes it possible to plan without unrealistic expectations or legal gaps.

One will or two? How to structure the planning

At this point, the practical question becomes unavoidable: one will or two? For succession planning between Italy and Canada, the most effective solution is almost always two coordinated wills, one covering assets in Italy and the other covering assets in Canada. Each is drafted according to the forms and legal logic of its own country: the Italian will is designed to operate within the Italian legal system and respect the reserved shares of close family members, while the Canadian will is structured to pass smoothly through the local procedure and work effectively with the executor.

The advantage is practical. Since two succession processes may effectively arise, having the correct document for each one avoids requiring the heirs to rely in one country on an instrument designed for the other, with the resulting translations, recognition procedures and long delays. Each will operates within the system for which it was created, reducing time and costs.

There is, however, a serious risk that must be understood because it is one of the most frequent causes of problems. Many wills begin with a declaration revoking all previous testamentary dispositions. If the Canadian document contains that wording and is signed after the Italian will, it may revoke the Italian document without anyone realising. The same can happen in reverse. The paradox is that a person who intended to have two wills may end up with only one, and the problem emerges when it is too late to correct it.

For this reason, two wills should never be drafted separately as if the other did not exist. Each must clearly limit its scope to the assets located in a particular country and expressly acknowledge the existence of the other, so that both can coexist without cancelling each other. Above them must be a single coherent plan covering the choice of law and the substantive provisions. Two wills are helpful only when they are created together.

The role of the lawyer in coordinating the two successions

Bringing together two succession processes governed by such different rules is not something that should be improvised. It requires someone capable of acting as a bridge between two legal systems that do not automatically communicate and of keeping them aligned rather than allowing them to develop independently.

In practical terms, this means identifying which Canadian provincial law applies and how it interacts with Italian law, drafting the Italian will so that it respects reserved shares and is fully effective in Italy, coordinating it with a Canadian will adapted to the local procedure and the executor’s role, and anticipating taxation issues. An estate divided between Italy and Canada may be subject to taxes in both countries, creating a risk of duplication that careful planning, including the use of international conventions where available, seeks to reduce.

There is also the advantage of working directly with Italian notaries and Canadian advisers, bringing both legal systems to the same table and verifying that each document will operate effectively where it is intended to be used. This combination of expertise transforms a potentially chaotic situation into an organised process in which nothing is left to chance.

If your family has roots, relationships or assets in both Italy and Canada, the Family Law Boschetti team can assist you in creating a plan that brings the two systems together, with the expertise and discretion required to ensure that what you have built reaches the people you care about without duplicate procedures or unexpected difficulties, from one side of the ocean to the other.

When a family has connections and assets in more than one country, succession is no longer a straightforward process and becomes an interaction between different legal systems. Understanding which law governs it, which instruments can simplify it and how to organise it in advance makes it possible to face that moment with peace of mind rather than unexpected difficulties. Here is how it works, explained in simple terms, for those whose lives are divided between Italy and another country.

International succession involving assets in Italy and abroad: the framework

Imagine a family with roots in two countries: one Italian parent, one foreign parent, a house in Italy, an apartment abroad and savings divided between banks in different countries. As long as life continues normally, this dual connection is a source of richness. When one of the parents dies, however, the children are faced with a question they may never have considered: how is an estate divided when it spans two legal systems? International succession involving assets in Italy and abroad is precisely this situation, and it is more common than it may appear.

The first misunderstanding to address is also the most common. Many people assume that each asset is governed by the law of the country where it is located: the house in Italy by Italian law, the apartment abroad by the law of that country. For many years this was indeed the case, and the result was a fragmented succession, with different rules applying to the same estate. Today, at least within the European Union, this is no longer the guiding principle.

It is also important to distinguish between two areas that are often confused. One issue is the civil law determining who inherits, in what shares and with what rights for protected heirs. Another is taxation, which follows its own rules and may involve more than one country. An estate spread across two countries may therefore be governed by a single law for civil purposes while still being subject to the tax systems of different States.

For an international family, bringing order to this framework is not a theoretical exercise. It means knowing in advance which rules will govern the transfer of wealth to the next generation and removing uncertainty for the children at the most difficult moment.

Which law applies to an international succession

The first question asked by a family divided between two countries is simple: which law determines who inherits and in what proportion? Today, the answer revolves around a single criterion. The law applicable to an international succession is the law of the country in which the deceased had their habitual residence at the time of death. That same law governs the entire succession, without distinguishing between movable and immovable assets and regardless of the country in which each asset is located.

This represents an important change in perspective. If a parent lived permanently in Italy, Italian law will determine who the heirs are, which shares belong to the children and the spouse, and which rights are reserved to protected heirs. It will do so even in relation to an apartment and bank accounts located abroad. If, by contrast, the deceased had their habitual residence in another country, the law of that country will govern the entire succession, including assets situated in Italy.

Habitual residence is not merely a matter of official registration. It is assessed by looking at the person’s actual life, including where they had the centre of their interests, personal relationships and daily habits. For this reason, there is also a safeguard: where all the circumstances show that the deceased was manifestly more closely connected with a country other than the country of formal residence, the law of that other country may apply.

In our experience, this is where the most difficult uncertainties arise for international families, because a person who has spent their life between two countries rarely has an obvious habitual residence. Identifying it accurately is the step that determines everything else, and it is advisable to do so with the assistance of someone who understands both legal systems.

Regulation EU No. 650/2012 explained simply

Behind this new framework is a rule with an uninviting name but very practical consequences. Regulation EU No. 650/2012, often referred to as the Succession Regulation, applies to the estates of people who died on or after 17 August 2015. Its underlying principle is both simple and revolutionary: one law and one authority for the entire succession, regardless of the countries in which the estate is located.

The advantage for an international family is immediate. Instead of opening separate procedures in every country where assets are located, each governed by its own rules, the succession follows a single path. Not only is one law applicable, as explained above, but the courts with jurisdiction over the entire succession are also, as a general rule, those of the country where the deceased had their habitual residence. This means less fragmentation and a lower risk of conflicting decisions between countries.

There is, however, one important detail that must be understood. The regulation binds almost all European Union Member States, but not all of them. Denmark and Ireland do not participate. Where the estate involves a country entirely outside the European Union, that country continues to apply its own rules, which may not coincide with the European framework. In such cases, coordination between the different legal systems once again becomes essential.

It should also be remembered that the regulation governs the civil law of succession, not taxation. Knowing that there is a unified legal framework is reassuring, but applying it in practice requires a case by case assessment of which countries are involved and what role each of them plays.

The European Certificate of Succession: what it is used for

Once the applicable law has been identified, a practical problem remains for every heir: how can I prove in another country that I am genuinely an heir? Presenting an Italian document to a foreign bank or land registry office that is unfamiliar with it can become an obstacle course involving translations, legalisations and repeated checks. The Succession Regulation introduced a specific instrument precisely to overcome this difficulty.

The European Certificate of Succession is a document confirming the status of an heir, legatee, executor of the will or administrator of the estate, and is designed to be used outside the country in which it is issued. Its main advantage is its circulation. Once obtained, it produces effects in all Member States bound by the regulation without the need for any additional recognition procedure. Anyone presenting it is presumed to hold the status indicated in the certificate, making it easier to deal with banks, registers and public authorities in other countries.

A few clarifications help avoid misunderstandings. Use of the certificate is not compulsory. It remains possible to rely on the domestic documents of each country, which the certificate does not replace. It is issued upon request by the heir or another entitled person by the competent authority and, in Italy, it is generally issued by a notary.

For a family with assets in two countries, this document is often the key to unlocking the foreign part of the estate. Knowing when to request it and from whom prevents the heirs from waiting for months to access an account or deal with a property that they are otherwise unable to manage.

Choosing the applicable law, professio iuris

The habitual residence criterion works well, but it does not always reflect the country with which a person feels the strongest connection. An Italian citizen who has lived abroad for many years may not want their estate to be governed by foreign law, particularly where that law treats the spouse differently or does not recognise a reserved share for the children. For these situations, the regulation allows a choice, and this is one of the most valuable instruments available to international families.

This choice is known as professio iuris, meaning the choice of the law applicable to one’s succession. The rule is clear: a person may designate the law of the country whose nationality they hold, either at the time of making the choice or at the time of death, as the law governing their entire succession. Anyone with more than one nationality may choose any of the national laws connected with them. For a mixed nationality couple, this provides a degree of flexibility that is far from theoretical.

The choice, however, is not presumed. It must be expressly made, and the natural place for doing so is in a disposition upon death, typically a will. An Italian parent living abroad may therefore provide that Italian law will determine who inherits and in what shares, bringing certainty to a situation in which the habitual residence criterion might otherwise leave room for doubt.

This is where our assistance makes a practical difference. We draft coordinated wills across the two legal systems, verifying that the choice of law is valid in both countries and does not conflict with mandatory local rules. Deciding during one’s lifetime which law will govern the succession is the most effective way to avoid leaving that decision to chance.

How to plan in order to avoid conflicts between heirs

No parent wants their estate to become a source of conflict between their children, yet disputes are particularly likely in families divided between two countries. Different legal systems, different expectations and physical distance mean that only a few uncertainties may be enough to turn a succession into long and expensive litigation. The good news is that almost all of these conflicts can be prevented through timely planning.

Planning begins with creating a complete map of the estate: which assets exist, in which countries and in whose name they are held. On that basis, the most suitable applicable law can be selected, its compatibility with the reserved shares of protected heirs under both legal systems can be assessed and a will, or coordinated wills, can be drafted using a coherent legal approach. This is a process of coordination that brings together the civil rules of two systems and anticipates potential areas of conflict before they develop into disputes.

Alongside the civil law aspects, taxation must also be considered. An estate located in several countries may be subject to taxes in each of them, with a risk of duplication that careful planning and international conventions can often reduce. Where appropriate, access should also be arranged to the instruments that facilitate administration, beginning with the certificate that allows heirs to establish their rights abroad.

If your family has roots and assets in Italy and another country, addressing these matters in advance is one of the most practical gifts you can leave to the next generation. The Family Law Boschetti team regularly assists international families with succession planning, coordinating different legal systems with the expertise and discretion that such a sensitive matter requires.

When the parent required to contribute to child maintenance lives in another country, obtaining the payments and, above all, enforcing them may seem extremely difficult. In reality, there is a well established system designed specifically to facilitate the recovery of maintenance across borders and protect the parent who is raising the children. Distance does not cancel the obligation and does not leave the creditor parent without remedies. In this guide, we explain how the amount is determined, what to do when the other parent fails to pay from abroad, how the relevant European regulation works and how an Italian decision can be enforced in another country, including the role of the lawyer throughout the process.

Child maintenance when one parent lives abroad: the rules

The starting principle is simple: the obligation to support one’s children does not end because a parent moves to another country. The duty of maintenance accompanies parenthood regardless of national borders, and European law has established common rules to make this principle effective in cross border situations. Addressing child maintenance when one parent lives abroad therefore means operating within a framework designed to facilitate, rather than obstruct, the position of the person entitled to receive payment.

The core of this system is cooperation between countries. A common legal instrument brings together the rules on jurisdiction, applicable law, recognition, enforcement and, above all, cooperation between national authorities. Its stated objective is to allow the creditor parent to obtain a decision in one country that can then produce effects in another, without having to navigate unnecessarily complex procedures.

Within this framework, a central role is played by the central authorities, bodies designated by each country to assist those seeking to enforce a maintenance claim. This is not a mere administrative detail, but a genuine support channel. These authorities can help locate the parent who is liable to pay, obtain information about their financial circumstances, encourage voluntary payment and, where necessary, assist with enforcement. Understanding from the outset that this network exists changes the entire perspective. The parent remaining in Italy with the children is not left alone to pursue a distant debtor, but can rely on a system created specifically for situations of this kind.

How the amount of child maintenance is determined

Before discussing recovery, the amount of maintenance must first be established. The calculation is not based on arbitrary case by case rules, but on the applicable law, which in international cases is identified through uniform criteria. For maintenance obligations, the relevant instrument is the 2007 Hague Protocol, to which the European system refers in determining which law governs the obligation. As a general rule, the law of the child’s habitual residence applies, so that the amount is connected to the child’s actual living conditions.

Within this framework, the amount is assessed by reference to two fundamental factors common to all legal systems: the child’s needs on the one hand and the parents’ financial resources on the other. The child’s age, needs relating to growth, education and care, and the standard of living previously enjoyed are all taken into account. These elements are then balanced against each parent’s ability to contribute, including the amount of time the child spends with each of them.

The fact that the liable parent lives abroad does not alter the basic method of calculation, but it introduces additional matters requiring attention. Income may be earned in a different currency and economic environment, the cost of living may not be comparable and it may be more difficult to document the true financial circumstances of the parent living abroad. For this reason, the decision should be based on clear and well documented evidence, because a precise and properly reasoned order is also easier to recognise and enforce in another country. Careful work at the stage of determining the amount makes the later recovery process significantly easier.

The parent does not pay maintenance from abroad: what to do

The most common and painful situation is where maintenance has already been ordered but is not being paid. When a parent fails to pay maintenance from abroad, the most useful response is not to improvise or rely on personal pressure, but to activate the appropriate legal channels, which are designed precisely for these cases. The point of access is the central authority, which the creditor parent may contact to request assistance in enforcing the claim.

The functions of these authorities are practical and targeted. They can help locate the liable parent where the address is unknown or has changed, assist in obtaining information about income and assets, including identifying property that may be subject to enforcement, and encourage an amicable solution leading to voluntary payment, possibly through mediation. Where an amicable solution is not sufficient, they facilitate enforcement of the decision, including the recovery of arrears, and the rapid transfer of sums to the person entitled to receive them.

This means that the parent in Italy does not have to locate the former partner abroad alone or discover where they work. They may rely on a structure that cooperates with the corresponding authority in the other country, transmits the application using standard forms and monitors its progress within established timeframes. To proceed effectively, however, the situation must be documented accurately. The maintenance order, the unpaid amounts and any useful information regarding the debtor’s circumstances should be provided. The more complete the application, the faster and more effective the action is likely to be. The essential rule is to act promptly and in an organised manner, because delays often make recovery more difficult.

Recovery of maintenance abroad: Regulation EC No. 4/2009

Behind this apparently technical title lies the instrument that works in your favour: the European regulation on maintenance obligations, known as Regulation EC No. 4/2009. It is not merely a technical rule for legal professionals, but the framework that brings together everything a parent in this situation needs. It determines which court has jurisdiction, which law applies, how decisions are recognised and enforced and, above all, how countries cooperate with one another. This regulation provides the strongest basis for recovering maintenance abroad, because it was specifically created to support those entitled to payment who are experiencing difficulty obtaining it.

What often surprises our clients is the number of procedures available. Through the central authority, it is possible not only to request recognition and enforcement of an existing decision, but also to obtain a decision in the country where the debtor lives if no order has yet been issued, or to request modification of an existing decision where it is no longer appropriate. In practical terms, whatever the starting point, from the first application for maintenance to the revision of an amount that has become outdated, there is a procedure designed for the situation.

There is also another important protection that relieves a genuine burden. For applications concerning child maintenance, the regulation provides particularly favourable access to legal aid. In many cases, a parent acting on behalf of the children may therefore receive legal assistance without cost, preventing financial difficulties from becoming a reason to abandon the claim. This is not a minor detail, but a fundamental policy choice intended to protect the recovery of maintenance for children from both economic and procedural barriers.

How to enforce the decision in another country

Once a decision establishing maintenance has been obtained, the decisive step is to enforce it in the country where the debtor lives and has income or assets. This is where the European system provides a significant advantage. For decisions issued in countries bound by the 2007 Hague Protocol, including Italy, the exequatur procedure has been abolished. The decision is recognised without the need for special proceedings and is automatically enforceable in another Member State without requiring a prior declaration of enforceability.

In practical terms, the creditor parent may apply to the competent enforcement authority in the country where the debtor is located, submitting the decision and the required documents, often including an extract issued by the authority of origin using a standard form. This step may also be managed through the central authorities, which transmit the application using the relevant forms, acknowledge receipt within a defined period and provide information on the first measures taken. Maintenance decisions also tend to be immediately enforceable, so that the child is not left without support during the technical stages of recovery.

The position is different where the liable parent lives in a country outside the European Union. In that situation, the effectiveness of the decision depends on the applicable international conventions, particularly the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, and on any agreements in force between the countries concerned. The process may involve additional steps. Even so, the underlying principle remains the same: there is an institutional route for converting a legal entitlement into actual payments, and following that route correctly is far more effective than attempting to exert direct pressure on the debtor, which may only complicate the creditor’s position.

When a lawyer is needed

The European system provides a broad range of remedies, but the number of available options makes expert guidance particularly valuable. A lawyer experienced in international family law first helps to frame the case correctly by determining whether an enforceable decision already exists or must first be obtained, identifying the relevant country and authority and selecting the most appropriate application from among the available procedures.

From an operational perspective, the lawyer prepares the case file, which often determines whether recovery is successful. The lawyer gathers and organises the documents, calculates the amounts due and any arrears, assists the parent in dealing with the central authorities and verifies eligibility for legal aid, preventing the financial aspect from becoming an obstacle. Where no decision yet exists, the lawyer structures the proceedings to obtain one in the strongest possible form, already taking into account its future recognition and enforcement abroad.

There is also the value of guidance during difficult stages. Where a debtor avoids payment, changes address or conceals assets, the lawyer identifies the most effective strategy, coordinates the necessary steps between the two legal systems involved and follows the enforcement process through to its conclusion. Above all, the lawyer helps maintain the correct course of action, discouraging impulsive responses that could prove counterproductive and keeping the children’s interests at the centre of the process, which is the very reason why maintenance exists. In cases of this kind, relying on a lawyer is not an additional cost, but the safest way to transform a right on paper into real financial support. The Law Firm remains available to examine the specific circumstances and identify the fastest and most appropriate route.

Many Italian citizens living abroad obtain a divorce in the country where they reside and assume that, once the marriage has been dissolved, their status is automatically regularised in Italy as well. This is not always the case. For a divorce granted abroad to produce effects within the Italian legal system, and for the civil status records to be updated accordingly, it is necessary to understand when the decision is immediately valid and when a formal procedure is required. In this article, Boschetti International Law Firm explains the distinction between these two situations, with particular attention to Italian citizens registered with AIRE who have divorced outside Italy.

Foreign divorce in Italy: when it is automatically valid

For an Italian citizen who has divorced abroad, the first question is whether that decision is also valid in Italy. The answer depends on a principle that should be clarified immediately: under the Italian legal system, the recognition of a foreign divorce in Italy does not generally require new court proceedings. Italian private international law, Law No. 218 of 1995, establishes that a foreign judgment is recognised without the need for any specific procedure when certain conditions are met: the court that issued it must have had jurisdiction according to principles compatible with Italian law, the right to be heard and the right of defence must have been respected, the decision must be final, and it must not be contrary to public policy or conflict with another Italian decision.

However, two aspects that are often confused must be distinguished. One issue is whether the divorce is valid, meaning whether it produces effects within the Italian legal system. Another issue is whether the Italian civil status records formally reflect it. When the required conditions are satisfied, validity arises automatically, without the need for any authority to issue a further decision. Updating the registers, however, still requires a practical step, namely registration, which we will discuss below.

This general framework includes two different systems, depending on the country in which the divorce was granted. If the decision comes from a European Union Member State, an even more streamlined system applies, specifically designed to ensure the free circulation of judgments. If it comes from a country outside the European Union, Italian national rules and, where applicable, international conventions govern recognition. For anyone living abroad who wishes to regularise their status in Italy, identifying from the outset which category applies to their case is the starting point of the entire process.

European Union countries: automatic recognition and how it works

When a divorce has been granted in another European Union Member State, the situation is particularly favourable. The European regulation governing matrimonial matters applies to more recent proceedings and provides for the automatic recognition of European Union divorces: decisions issued in one Member State are recognised in the others without the need for any special procedure. For an Italian citizen who has divorced, for example, in France, Germany or Spain, this means that the decision is effective in Italy without the need to commence recognition proceedings.

The regulation goes further and expressly governs the updating of civil status registers. No specific procedure is required to update civil status records following a decision on divorce, legal separation or annulment issued in another Member State, provided that the decision is no longer subject to appeal. The final nature of the decision is therefore the essential condition for the civil status records to be updated.

In practical terms, the person concerned must submit the decision together with the appropriate certificate, issued upon request by the court or authority of the country of origin, confirming the essential details of the judgment. The Italian authority may request a translation of the documents where it considers this necessary. Certain limitations remain: recognition may be refused, for example, where it is manifestly contrary to public policy or where the decision is incompatible with another judgment issued between the same parties. These situations are, however, exceptional. For Italian citizens registered with AIRE who have dissolved their marriage in a European Union country, this system makes it possible to regularise their status in Italy through a straightforward procedure, by submitting the documentation through the competent Italian Consulate or directly to the relevant Municipality.

Countries outside the European Union: when recognition proceedings are required

The situation is different where the divorce was granted in a country that is not a member of the European Union. In these cases, formal recognition proceedings may become relevant, but it is important to clarify when they are actually required. Even for decisions issued outside the European Union, the general principle of automatic recognition under Law No. 218 of 1995 applies. If the judgment complies with the statutory conditions, particularly with regard to the jurisdiction of the foreign court, respect for the right to be heard and compatibility with public policy, it is effective in Italy without the need for new proceedings. There is also an international convention concluded at The Hague in 1970 and ratified by Italy, which facilitates the recognition of divorces and legal separations between certain contracting countries outside the European Union.

Formal recognition proceedings before the Court of Appeal become necessary only in specific situations: where recognition is challenged, where the civil status officer refuses registration, or where enforcement is required. In these cases, the interested party applies to the Court of Appeal of the place where the decision is to be implemented, asking it to confirm that the legal requirements for recognition have been satisfied.

One aspect deserves particular attention because it frequently arises in international families. Certain forms of dissolution of marriage used outside the European Union may conflict with fundamental principles of the Italian legal system. Italian case law has refused to register forms of repudiation where equality between the spouses or the right of defence had been violated, while in other cases it has recognised unilateral foreign divorces considered compatible with public policy. The assessment is therefore never automatic and depends on the way in which the divorce was obtained. For anyone living in a country outside the European Union, examining these issues in advance avoids discovering an obstacle only when registration in Italy is requested.

Required documents: apostille and sworn translations

The documents that must be prepared depend, once again, on the country in which the divorce was granted. For decisions issued in a European Union Member State, the regulation has significantly simplified the formalities. It is sufficient to submit a copy of the decision that proves its authenticity, together with the certificate issued by the authority of the country of origin. This certificate, rather than legalisation, is the key document enabling the decision to circulate. Where the Italian authority considers it necessary, it may request a translation of the decision or the certificate. The regulation also allows a degree of flexibility: where the required documents are missing, the authority may set a deadline for their submission, accept equivalent documents or, where it considers that it already has sufficient information, waive their production entirely. This approach reflects the principle of facilitating the free circulation of judgments within the European Union.

For divorces granted in countries outside the European Union, the framework is different. To be registered in Italy, the foreign decision must be submitted in a form that guarantees its authenticity and must be accompanied by an Italian translation.

For the document issued outside the European Union to be valid in Italy, it must bear a certification confirming its origin: an apostille, where the issuing country is a party to the 1961 Hague Convention, or legalisation by the relevant Italian diplomatic or consular authority in other cases. The document must then be translated into Italian, and the translation must also be apostilled or legalised where required. The translation is particularly important because it enables the civil status officer and, where necessary, the court to assess the content and effects of the foreign decision. It is also advisable for the decision to be final and complete in all respects, so that there is no uncertainty as to whether it is suitable for registration.

For Italian citizens registered with AIRE, the usual procedure is to submit the documentation through the Italian Consulate competent for their place of residence, which then forwards it to the relevant Municipality. Ensuring from the outset that the documents are complete and formally valid is what allows the entire procedure to proceed efficiently and avoids requests for additional documentation that may cause delays.

What you risk if you do not update your civil status in Italy

Many people believe that once they have obtained a divorce abroad, no further action is required. This misunderstanding can have serious consequences. If the foreign decision is not registered, the Italian civil status records will continue to show the person as married, even though the marriage has already been dissolved in the country of residence. This creates an inconsistency in which the same individual is considered divorced abroad but still married according to the Italian registers.

The consequences are not merely formal. Anyone wishing to marry again in Italy may be prevented from doing so because the previous marriage still appears to exist. Complications may also arise in inheritance matters, because the status of spouse affects succession rights, and in relation to pension benefits, where the position of a spouse and that of a former spouse produce different legal effects. For Italian citizens registered with AIRE, failure to align the records may also create discrepancies between the information held by the Consulate and that recorded by the Municipality of registration.

There is also a consequence that directly affects those living abroad who wish to obtain Italian citizenship through marriage. To apply as the spouse of an Italian citizen, the marriage must be properly registered in the Italian civil status records. Until that registration has been completed, the application cannot even be submitted, and an important personal process remains blocked from the outset.

Registration is carried out by the civil status officer, who proceeds where the requirements for recognition are considered to be satisfied. If the officer has doubts, registration may be refused, and that refusal may be confirmed by the Prefect. In such a case, the person concerned must take the necessary steps to obtain recognition before the competent authorities. Registration itself may also be challenged by the Public Prosecutor where obstacles to recognition are identified. All of this confirms the importance of updating civil status records promptly rather than postponing the matter, so that a situation which would otherwise remain unresolved between two legal systems can be definitively settled.

How to proceed depending on the country where you divorced

In summary, the procedure to follow depends on the country in which the marriage was dissolved. If the divorce was granted in a European Union Member State, the foreign divorce is automatically valid in Italy once it has become final. To update the civil status records, it is generally sufficient to submit the decision together with the certificate required by the regulation, usually through the Italian Consulate or the relevant Municipality. This is the simplest and quickest situation.

If the divorce was granted in a country outside the European Union, a preliminary assessment is advisable. It is necessary to verify that the legal conditions for recognition are satisfied, determine whether an international convention binding Italy and the country concerned applies, and ensure that the manner in which the divorce was obtained does not conflict with public policy. Where these requirements are met, registration may take place without court proceedings. Where recognition is challenged or registration is refused, proceedings before the Court of Appeal may become necessary.

For Italian citizens registered with AIRE, the Italian Consulate competent for their place of residence remains the main point of contact, receiving the documentation and forwarding it to the Municipality. Our recommendation is not to approach this step without proper preparation. An initial review of the recognition requirements and the completeness of the documents helps prevent refusals and delays. Boschetti International Law Firm assists Italian citizens living abroad in ensuring that divorces obtained outside Italy are effective within the Italian legal system and in updating their civil status records, identifying the most direct procedure for each country. Addressing the matter methodically means bringing a chapter to a peaceful conclusion and starting again with a clear legal status in both jurisdictions.

When a marriage breaks down and the other spouse lives permanently outside Italy, separation does not become impossible, but it requires a few additional steps and an organised approach. Difficulties almost always arise from two factors: serving the court documents on the spouse who is abroad and continuing the proceedings even if the other spouse does not respond. Understanding where to begin, how international service works and which legal instruments are available makes it easier to approach the process with confidence, while avoiding mistakes that could later jeopardise the outcome. In this guide, we explain step by step how to organise the proceedings when one spouse lives in Italy and the other is abroad.

Separation when a spouse lives abroad: where to begin

You have decided to separate, but your spouse now lives in another country, and the first question that comes to mind is the most practical one: can I proceed here in Italy, or must I pursue the case abroad? This is the concern raised by almost all our clients in this situation, and in most cases the answer is reassuring: where one spouse lives abroad, the Italian courts will often have jurisdiction over the separation. The law governing Italy’s legal relations with other countries allows access to the Italian courts not only in ordinary situations, but also where one of the spouses is an Italian citizen or where the marriage was celebrated in Italy. These two connecting factors, which arise very frequently, are sufficient to establish jurisdiction in Italy, even if the spouses’ married life has since moved elsewhere.

European legislation further strengthens this possibility by focusing mainly on where the spouses have lived and, under certain conditions, allowing the proceedings to be brought before the court of the place where the applicant lives. For the spouse who has remained in Italy, the practical message is clear: as a general rule, there is no need to pursue the other spouse in the country to which they have moved, as the case can often be started in Italy.

Once it has been established that proceedings may be brought in Italy, it is still necessary to determine which court has territorial jurisdiction. This depends on practical aspects of the spouses’ lives, including whether there are minor children, where each spouse resides and where the last family home was located. For this reason, when we are instructed in a case of this kind, the first step is not to draft a court document, but to identify four essential facts: the spouses’ nationalities, the place where the marriage was celebrated, the residence of each spouse and whether there are children. This brief preliminary assessment determines both the choice of court and the structure of the entire procedure, and it is at this stage that mistakes which would later be costly to correct can be avoided.

How court documents are served abroad

Once the jurisdictional issue has been resolved, the matter that causes the greatest anxiety in practice arises: how can a spouse living abroad be formally informed that proceedings have been started? This is a legitimate concern, because the case cannot proceed until the spouse has been formally served. The service of court documents abroad is intended to ensure that the other party has a genuine opportunity to defend themselves, and it cannot be carried out through the informal methods used for ordinary correspondence. It must follow specific channels established by international agreements.

Everything depends on the country where the spouse lives. If the spouse is in another European Union Member State, service is carried out under the European regulation governing the service of documents. The document is transmitted from the competent authority in Italy to the relevant authority in the destination country, which serves it according to its own rules. If the spouse lives outside the European Union, the applicable framework is generally the 1965 Hague Convention, specifically designed for the transmission of judicial documents across borders. Identifying immediately which of these two situations applies is essential in order to follow the correct procedure without unnecessary delay.

The main difference experienced by the client concerns timing. Serving a document abroad takes months rather than days. An official translation into the language of the destination country is often required, and proof of service must be carefully preserved. These are technical details, but they are decisive, because defective service may be challenged and result in months of work being lost, in addition to jeopardising the recognition of the judgment abroad. In our experience, a significant part of the success of the case depends on this stage. For this reason, from the very beginning we identify the appropriate channel according to the country concerned and, where necessary, rely on our local correspondents to monitor service on the ground. Properly managing this step is not a mere administrative formality, it is what supports the entire case.

Untraceable spouse: can the separation still proceed?

Sometimes the spouse not only lives abroad but is effectively untraceable. They may have changed address without providing any information, ended all contact or moved to an unknown location. Even where a spouse cannot be located, separation is still possible. The legal system provides specific mechanisms that allow proceedings to continue when the person to be served cannot be found, ensuring that one spouse’s disappearance does not become an insurmountable obstacle for the other.

The essential condition, however, is that the spouse is genuinely untraceable rather than merely assumed to be so. Before using the special methods of service intended for persons whose whereabouts are unknown, serious and documented searches must be carried out. These may include checks with population registers, enquiries regarding the last known address and verifications through consular authorities. This is not a purely formal requirement. Courts have refused to recognise foreign judgments obtained through service procedures for untraceable persons where the applicant actually knew where the other spouse lived. In other words, attempting to bypass ordinary service by falsely claiming not to know the other spouse’s whereabouts creates the risk that the judgment may later be considered defective for violating the right of defence.

The correct approach therefore involves two steps. First, genuine efforts must be made to locate the spouse and to use the ordinary international communication channels. Only after those attempts have been exhausted without success should the procedures specifically intended for genuinely untraceable persons be used. In this way, the separation may proceed on a sound legal basis without exposing the outcome to challenges that could arise precisely when the judgment needs to be relied upon, possibly in the country where the other spouse has settled. To locate a spouse living abroad, the Law Firm normally relies on its network of partners, lawyers and agencies capable of carrying out searches locally.

International contested separation proceedings in the absence of the other spouse

Where the spouse has been properly served but chooses not to participate, the proceedings continue in any event. This situation is known as default of appearance. The absent party does not prevent the case from moving forward, and the court may still issue a decision. In such circumstances, international contested separation proceedings do not come to a standstill because of the other spouse’s silence, but continue to judgment on the basis of the evidence submitted.

There is, however, an important safeguard that should be understood from the outset because it affects the strength and enforceability of the outcome. European legislation and international conventions provide that a judgment issued against a party who did not appear may be recognised and enforced abroad only if the originating document was served in sufficient time and in a manner that allowed that party to organise a defence. It is therefore not enough that the spouse remained absent. It must be possible to demonstrate that they were given a genuine opportunity to defend themselves and chose not to do so.

For this reason, where the respondent lives in another country and does not appear, the court does not proceed hastily. The applicable rules require specific safeguards and may even require the proceedings to be suspended until it has been established that the person actually received the document, or that every reasonable effort was made to serve it, while allowing sufficient time for the person to participate. The practical consequence is clear: default of appearance is not an automatic advantage for the applicant. It leads to a legally sound outcome only where service has been handled impeccably from the outset. Properly organising this stage means obtaining a judgment that is not only valid in Italy, but is also capable of being recognised abroad.

How long does a separation take when a spouse lives abroad?

It is difficult to provide an exact timeframe in advance, because the duration depends on several variables. The factor that has the greatest impact is the international element itself. Transmitting documents to another country takes months rather than days, which extends the initial phase compared with a case conducted entirely within Italy. As a general rule, separation proceedings involving a spouse abroad therefore have a longer overall timeframe, particularly before the case reaches the first substantive hearing before the court.

Much also depends on the attitude of the other spouse. If the parties can reach an agreement, even from a distance, on the terms of the separation, a consensual procedure remains possible and allows the case to be concluded more quickly, while reducing opportunities for conflict. Where there is no agreement, or the spouse refuses to cooperate, contested proceedings are required, with the procedural steps and delays connected with international service and the possible absence of the other party.

Two further elements also affect the duration. The first is the country where the other spouse lives. Cooperation between authorities is generally faster within the European Union, while service in countries outside Europe tends to take longer. The second is the presence of minor children, which requires the court to carry out more detailed assessments regarding custody and maintenance and may increase the overall duration of the proceedings. A realistic estimate can be given only after reviewing the specific circumstances. What should be anticipated is that the other spouse’s distance may postpone certain stages, but it does not prevent the court from reaching a decision. With a carefully planned strategy, even the timing can become predictable and manageable.

When to entrust the case to a lawyer

Handling a separation alone where the other spouse lives abroad and is unwilling to cooperate creates several risks, because the technical issues multiply precisely in the areas where mistakes have the greatest consequences. Choosing the competent court, identifying the correct method of service abroad, dealing with an untraceable spouse and conducting proceedings in the absence of the other party are all steps that require specific experience in international family law. An approximate approach at any one of these stages may affect the entire case.

A lawyer experienced in cross border cases becomes involved from the initial assessment, determining where the case may and should be brought and which rules of territorial jurisdiction apply. The lawyer then manages international service by selecting the appropriate instrument for the destination country, arranging any necessary translations and preserving proof of delivery, thereby protecting the proceedings from future challenges. Where the spouse is genuinely untraceable, the lawyer documents the searches carried out before resorting to the special service procedures for persons whose whereabouts are unknown, reducing the risk that the judgment may later be challenged.

There is also a final aspect that is often overlooked by those focused only on the immediate situation. In many cases, the Italian judgment will also need to produce effects in the country where the other spouse lives, for example to update civil status records or regulate financial matters. Building an organised case file and following impeccable procedures from the outset is the best guarantee that the outcome will remain stable and be recognised beyond Italy’s borders. In these circumstances, instructing a professional is not an additional cost, but the most effective way to transform a complex matter into a clear and secure process. The Law Firm remains available to assess the specific circumstances of each case.

When a person dies leaving heirs who live in different countries, the estate does not divide itself. Until the division takes place, the coheirs remain connected through a shared ownership arrangement which, if not properly managed, risks paralysing everything: a house that cannot be sold, a bank account that no one can access and decisions that remain unresolved. Here is how succession works when the heirs live far apart and how to prevent distance from bringing the entire process to a standstill.

Heirs living in different countries: the most common problems

Three siblings, one living in Italy, one in Germany and one in Canada. When their father dies, they become coowners of the family home and a bank account, but between time zones, languages and different priorities, even obtaining a simple signature becomes difficult. This is the far from uncommon situation faced by those managing a succession with heirs living in different countries: the estate is in Italy, but the people who must make decisions are scattered around the world.

The most common problems arise less from the law itself and more from coordination. The first is physical distance: collecting documents, signatures and consent from three continents requires time and an organised method. The second is conflicting expectations: those living abroad often want to sell their share quickly, while the person who remained in Italy may feel attached to the family home and wish to keep it. The third, and most insidious, is inaction: it is enough for one heir not to respond, to delay or to lose interest for the entire process to stop.

There is also a genuinely international element where the coheirs have different nationalities or residences and each of them views the succession through the perspective of their own legal system. This can lead to misunderstandings about who is entitled to what, which rules apply and how the process should proceed.

In our experience, the real enemy in these successions is not open conflict, although that may occur, but delay: months turning into years while the estate remains frozen and continues to generate costs and tension. Identifying the potential obstacles in good time is the first step towards avoiding becoming trapped by distance.

International coownership of an estate and the obstacles it creates

To understand why everything may come to a standstill, it is necessary to examine what happens when the succession opens. From that moment, the heirs do not each receive a defined part of the estate. Instead, they become joint owners of the entire estate in ideal shares. This is the coownership of the estate, the stage during which the assets belong to all the coheirs together until the division is completed.

This joint ownership is the source of the obstacles. Important decisions concerning jointly owned assets, such as selling or otherwise disposing of the house, require the consent of all the coheirs. It is enough for one of them to disagree, or simply to become unreachable, for the transaction to come to a halt. Ordinary administration follows less rigid rules, but the general principle remains that no one may act alone in relation to the whole asset. When the coheirs live thousands of kilometres apart, this mechanism, designed to protect each of them, can easily become a trap of inaction.

International coownership of an estate adds another layer because it is necessary to determine which law governs the situation. If the succession is governed by Italian law, generally because the deceased had their habitual residence in Italy, the Italian rules on coownership and division apply to all the coheirs, regardless of where they live.

There is, however, a way out guaranteed by law to anyone who feels trapped in this situation: every coheir may always request the division of the estate. No one is required to remain in coownership against their will. Knowing that this option is always available changes the perspective. The real issue is not whether the coownership can be dissolved, but how to do so as quickly and with as little conflict as possible.

Division of an estate when coheirs live abroad: how to proceed

Once it has been established that the coownership may be dissolved, it is necessary to understand how. The division of an estate when coheirs live abroad follows essentially the same stages as any other division, with a few additional precautions required by the distance.

The starting point is the reconstruction of the estate: which assets form part of it, which debts affect it and what value should be assigned to each asset. On this basis, the shares due to each coheir are determined according to the law governing the succession, and the portions to be allocated are created. If there is real estate in Italy, its allocation must then be registered in the Italian property registers, because the asset is located there and the registration produces its effects there.

The most straightforward route is an amicable division, through which the coheirs agree on how to distribute the assets, generally by means of a deed executed before a notary. Where no agreement can be reached, judicial division becomes necessary and the matter is entrusted to the court. If the Italian courts have jurisdiction over the succession, the proceedings will be conducted by an Italian court under Italian procedural rules.

For coheirs living abroad, the good news is that they do not need to return to Italy for every stage. By granting a power of attorney to a professional in Italy, they may participate in the division, sign the deed and manage the necessary formalities remotely. This is where the Law Firm’s working method becomes particularly important. We rely on a network of notaries and correspondent lawyers abroad, enabling distant coheirs to grant valid powers of attorney and follow the division without travelling, while coordinating the two legal systems involved.

Consensual or judicial division: which should be chosen?

Which of the two routes is preferable? Where it is possible, consensual division is almost always the better option. It is quicker, less expensive and, above all, helps preserve family relationships by preventing the succession from becoming a lasting source of conflict. It does, however, require one essential condition: the agreement of all the coheirs, both on how the assets should be divided and on their value. If even one coheir disagrees or cannot be contacted, this route is no longer available.

Judicial division is intended precisely for such cases: where there is no agreement, where a coheir abroad refuses to cooperate or cannot be involved, or where the values of the assets are disputed. The law always keeps this route open so that no one remains trapped by another person’s unwillingness or inaction. The cost is greater in terms of time and expense, as well as the fact that decisions which the parties were unable to make themselves are left to the court.

The international element is particularly relevant when choosing between the two routes. A judicial division ordered by an Italian court produces a decision intended to be effective beyond Italy’s borders, and within the European Union it circulates through recognition mechanisms specifically designed for cross border successions. This makes applying to the court less risky where the assets or the heirs are located in several countries.

In practice, it is advisable to make a serious attempt to reach a consensual solution while preparing for judicial proceedings if no agreement is reached within a reasonable period. Conducting negotiations from the outset with the knowledge that court proceedings remain available is often what persuades even a reluctant coheir to participate constructively.

How to reach an agreement between heirs living far apart

If the consensual route is the best option, it is worth understanding how to build an agreement when the heirs are scattered around the world. The first essential element is shared information. Conflicts often arise not from bad faith, but because each person is working with different figures. Presenting everyone with the same clear picture, including a complete list of the assets, debts and values, removes much of the suspicion.

The second element is managing different expectations. Those living abroad often want liquidity, while the person who remained in Italy wants to keep the house. These positions are more compatible than they may initially appear. Solutions such as allocating the property to one coheir and providing a financial equalisation payment to the others allow each person to obtain what matters most to them. Putting concrete options on the table, rather than discussing matters in the abstract, helps bring the positions closer together.

Method is also important. A competent third party who gathers the proposals, records them in writing and acts as an intermediary between the coheirs prevents distance and the tone of family messages from derailing the negotiations. The objectivity and clarity of an organised process are particularly valuable in these situations and cannot be guaranteed by goodwill alone.

In our experience, many successions that appeared destined for conflict have ended with an agreement simply because someone structured the dialogue instead of leaving it to informal family telephone calls. Reaching an agreement between heirs living far apart is not a matter of luck. It is the result of a method and of someone managing that method while keeping the focus on the outcome.

The role of the lawyer in a succession involving heirs in different countries

At this point, a natural question arises: is a lawyer really necessary to divide an inheritance between siblings? Where all the coheirs agree and live in the same city, sometimes the answer is no. When distance and several legal systems are involved, however, legal assistance takes on a different significance and becomes the factor that determines whether the case is completed or continues for years.

The lawyer’s role in a succession involving heirs in different countries is first and foremost one of coordination. This means determining which law governs the succession and which court would have jurisdiction, reconstructing and correctly valuing the estate and choosing the appropriate route between amicable and judicial division. In practical terms, it also means preparing the powers of attorney that allow coheirs abroad to participate without returning to Italy, coordinating notaries and professionals in the various countries and ensuring that the allocation of assets in Italy is properly registered.

There is also a less visible but decisive function: acting as a competent mediator, capable of balancing different interests and sensitivities and transforming a potential dispute into an agreement. This work combines law, method and a considerable degree of balance.

If you and your coheirs are managing an inheritance in Italy while living in different countries, the Family Law Boschetti team assists you from beginning to end, coordinating the legal systems involved and conducting the division with the expertise and discretion required in such a sensitive matter, so that distance ceases to be an obstacle and the estate can begin moving again.

You have left your country and built a life in Italy, perhaps purchasing the home where you live. Have you ever wondered which law will apply to that property and your other assets when you are no longer here? Many foreign nationals living in Italy assume that the law of their country of origin will apply, but this is often incorrect. Here is why it is worth considering a will specifically designed for your circumstances in Italy.

Foreign nationals with property in Italy: what happens to the succession

An increasing number of foreign nationals choose Italy as the country in which to live: professionals, retired people and entrepreneurs who buy property and establish roots. Owning property, however, also raises a question that almost no one considers while in good health: what will happen to that home and the other assets when the succession opens? The succession of foreign nationals with property in Italy is more complex than it may appear because it brings together two different legal systems.

The most common mistake is to assume that, because a person is a citizen of another country, the law of that country will govern the estate wherever they live. For many years this was largely the case, but the rules have changed, and citizenship is no longer the only decisive factor. Anyone who has built their life in Italy may discover that Italian law governs their succession, with significant consequences for who inherits the property and in what shares.

This is not a technical detail relevant only to legal professionals. The applicable law determines very practical issues: whether the spouse or children are entitled to a reserved share, how much freedom a person has to dispose of their assets and how straightforward it will be for the heirs to acquire ownership of the property.

Understanding now how the system works and acting accordingly allows a foreign national living in Italy to decide what will happen to their assets, rather than leaving that outcome to rules they did not choose and may not even know.

Succession of a foreign national in Italy: which law applies

We now come to the central question. The succession of a foreign national in Italy is currently governed by the common European criterion established by Regulation EU No. 650/2012: the law governing the entire estate is the law of the country in which the deceased had their habitual residence at the time of death. The determining factor is therefore not citizenship, but the place where the person established the genuine centre of their life.

For anyone living permanently in Italy, the consequence is clear. If a foreign national has their habitual residence here, Italian law will govern the entire succession, not only the property and assets located in Italy, but also any assets that remain in the country of origin. A single law, Italian law, governs the whole estate wherever the assets are situated.

This has a consequence that surprises many foreign nationals: the application of the Italian rules protecting reserved heirs. Italian law protects the spouse and children by reserving part of the estate to them, which cannot be freely disposed of. A person coming from a country that allows broad testamentary freedom, as occurs in several common law systems, may therefore become subject to restrictions they did not expect.

Habitual residence is not simply a matter of registration. It is assessed by considering where the person genuinely lives, works and maintains their relationships and interests. For someone who has transferred their life to Italy, this almost always means that the succession will follow Italian law unless a different choice is made. The possibility of making that choice is precisely the first reason why it is advisable to address the issue in good time.

Why you should consider a will for assets in Italy

At this point, it is natural to ask whether it is advisable to make a will or allow the succession to follow the ordinary statutory rules. For a foreign national who owns assets in Italy, the answer strongly favours making a will. Preparing a will for assets in Italy allows the transfer to be organised consciously instead of relying on intestacy rules, which determine automatically who inherits and in what shares, not always in accordance with the person’s wishes.

There is also a practical advantage that becomes particularly clear from the heirs’ perspective. A clear will identifying the Italian assets and their intended destination makes the subsequent process much easier, including the succession declaration, payment of taxes and, in relation to property, the cadastral update and registration in favour of the beneficiary. Without an organised legal instrument, the heirs may become involved in investigations and reconstruction work, with increasing time and costs.

Within the limits of the applicable law, a will does not allow a person to disregard the reserved shares of protected heirs where those rules apply, but it does allow intelligent planning within the available margin of freedom. For example, a property may be allocated to one person with appropriate financial equalisation in favour of the other entitled beneficiaries.

In our experience, the most complicated successions are often those involving foreign nationals who did not make a will: heirs abroad who do not understand Italian law, properties that remain blocked for years and disputes that a properly drafted document could have prevented. Recording one’s wishes in relation to Italian assets is what turns a potentially complex situation into a straightforward process.

Choosing the national law, professio iuris

The European regulation gives foreign nationals living in Italy an important option: the ability to choose which law will govern their succession. This is known as professio iuris and allows a person to designate the law of the country whose nationality they hold instead of the law of the country of residence.

For someone living in Italy but holding another nationality, this means that their national law can continue to govern the succession instead of Italian law, which would otherwise apply by default. There may be several reasons for making this choice: the law of the country of origin may provide greater freedom to dispose of assets, the person may wish to treat all heirs according to rules they already know, or they may want to align the succession with assets that remain in their country of origin.

The choice must, however, be considered carefully because it is not always advantageous. Choosing the national law may mean giving up the protections that Italian law reserves for the spouse and children or, conversely, importing restrictions imposed by the law of the country of origin. Every legal system has its own balance, and the most appropriate choice depends on the composition of the family and the individual’s objectives.

One point is certain: the choice is not presumed. It must be made expressly, and the will is the natural place in which to include it. This is not a step that should be handled alone, because making the right choice requires comparing the national law and Italian law side by side, understanding which one better protects the people concerned and drafting the clause so that it is genuinely effective. The Law Firm assists foreign nationals in precisely this comparative assessment, so that the succession is governed by the legal system that best reflects their objectives rather than the one that would apply by default.

Coordinating wills from different countries

Many foreign nationals living in Italy have not severed their connections with their country of origin. A family home, bank accounts and sometimes relatives who are also heirs may remain there. In these circumstances, it may be useful to have more than one will, one covering the assets in Italy and another covering those abroad, each adapted to the legal context in which it will operate.

The advantage is practical. A will drafted according to the formal requirements of the country where the asset is located makes administration there more straightforward and avoids requiring the heirs to seek recognition abroad of a document designed for another legal system. At the same time, a properly drafted Italian will facilitates the transfer of property situated in Italy.

There is, however, a significant risk that must be understood because it is one of the most common causes of failure. In practice, every new will tends to revoke the previous one. A standard clause revoking all prior testamentary dispositions may be enough for the will made in Italy to cancel the one made in the country of origin, or vice versa. Anyone who prepares two wills without the necessary safeguards risks being left with only one valid document, and this may be discovered only when it is no longer possible to correct the problem.

For this reason, wills concerning different countries should never be drafted in isolation. Each must clearly limit its scope to assets located within a particular territory and refer to the existence of the other, so that neither document overrides the other. Both must also follow a single overall strategy capable of determining which law governs the succession and keeping the provisions of each document consistent. Ultimately, having two wills is useful only where they are designed as two parts of the same testamentary plan.

When to consult a lawyer

Not every situation requires the same level of assistance, but for foreign nationals with assets in Italy, a do it yourself approach is almost always risky. Too many variables are involved for a will downloaded from the internet or copied from a model used in another country to be reliable in practice.

It is advisable to consult a lawyer where it is necessary to determine with certainty which law governs the succession and whether it is preferable to choose the national law through professio iuris, where the impact of reserved shares must be assessed in the particular case, where a will concerning assets in Italy must be drafted and coordinated with provisions made abroad, or where taxation is relevant, since property situated in Italy remains subject to Italian inheritance tax. For anyone who has recently moved, this may also require coordination with their residence status and the other legal aspects of relocating to Italy.

The value of legal assistance is not merely technical. It lies in the ability to examine two legal systems together, anticipate areas of conflict and translate the person’s wishes into a document that genuinely works both in Italy and abroad.

If you are a foreign national living in Italy and own a home or other assets here, the Family Law Boschetti team assists you in identifying the most appropriate law for your succession and preparing a tailored will, with the expertise and discretion required to ensure that your estate reaches the people you choose without obstacles or unexpected difficulties for those close to you.

Anyone who has built wealth over time across Italy and other countries, including property, bank accounts, perhaps a business or company interests, will sooner or later ask an important question: how can it be protected and transferred without exposing it to unnecessary risks, taxation or disputes between heirs? The good news is that the legal system provides specific instruments for this purpose. Here are the main options to consider and how to choose between them carefully.

Protecting family wealth between Italy and abroad: why it matters

Wealth spread across two countries is more exposed than wealth concentrated in one place. Protecting family wealth between Italy and abroad means shielding it from a series of risks that multiply precisely because of its international nature: the overlap between different legal systems, the risk of double taxation and the possibility that assets may become fragmented or remain blocked when transferred to the heirs.

The reasons for addressing the issue are practical. Some families want to preserve a family business from being divided among several children. Others wish to protect part of their wealth from potential claims by future creditors. Some simply want the transfer to the next generation to take place in an orderly manner, without disputes and avoidable costs. In every case, protection is not something to improvise at the last moment, but a project that should be developed in advance.

One point should be clarified immediately because it guides every decision: lawful asset protection means using the instruments provided by law, not avoiding legal obligations. Segregation and planning are intended to organise and safeguard assets, not to defraud creditors or tax authorities, and they must be structured with this boundary clearly in mind.

In the following sections, we review the principal instruments, from asset segregation and international succession planning to family agreements, explaining what each is used for and when it should be considered. The aim is to provide a clear map so that the solution genuinely suited to the family’s circumstances can be chosen consciously.

Asset segregation: what it means

The first concept to understand is asset segregation. Segregating assets means separating part of one’s wealth from the rest of the estate, dedicating it to a specific purpose and, within the limits of the law, protecting it from the general personal circumstances of the owner. In practical terms, those assets form a separate fund with their own purpose and do not merge with the remainder of the person’s wealth.

The most flexible instrument from an international perspective is the trust. Originating in common law systems, it became capable of recognition in Italy through Italy’s accession to the 1985 Hague Convention. Its structure revolves around three figures: the person who establishes the trust and transfers assets into it, the trustee responsible for administering them, and the beneficiaries for whose benefit the assets are held.

The feature that makes the trust particularly valuable is segregation. The assets transferred into the trust cease to form part of the personal estate and become a separate fund managed in the interests of the beneficiaries. As a general rule, they are protected from claims by the trustee’s personal creditors. Where the trust is properly structured, this effect continues after the death of the person who established it.

For a family with assets in Italy and abroad, the trust offers a level of flexibility that is difficult to match. It nevertheless requires careful drafting and attention to the formalities needed to make it effective against third parties, including registration where required. It is therefore a powerful instrument, but one that produces the best results only when handled with expertise.

International asset planning: the main instruments

Segregation is one element, but international asset planning is the broader strategy. Planning means deciding in advance how wealth will be managed, protected and transferred, taking into account the fact that several legal systems are involved and must be coordinated.

The first instrument is the choice of the law applicable to the succession, known as professio iuris. Within certain limits, this allows a person to designate the law of their country of nationality as the law governing the entire estate. It is a powerful tool because it removes uncertainty about who will inherit and in what shares, regardless of where the assets are located.

Alongside this sits the will, or several coordinated wills where assets are spread across different countries. They must be drafted so that they coexist without revoking one another and respect the reserved shares of protected family members. The conscious choice of the couple’s matrimonial property regime is also part of planning, because it affects how assets are divided between the spouses and, consequently, what will form part of the estate.

There are also instruments involving allocation and segregation, such as the trust, which may be incorporated into the broader strategy to protect specific portions of the wealth. The strength of planning does not lie in any single instrument, but in combining them coherently. Each element must be selected in light of the others so that the overall structure remains effective in practice and over time. It should also be reviewed when life changes, because relocation, the birth of a child or a new investment may alter the balance and require the plan to be updated.

Family agreements and dedicated instruments

Among the instruments designed for a specific purpose, the family agreement is particularly useful for those who wish to transfer a business. It is a contract through which an entrepreneur transfers all or part of the business, or a holder of company interests transfers their shares, to one or more descendants, completing the generational transfer during their lifetime rather than leaving it to the succession.

Its distinctive feature is that it operates immediately between living persons rather than on death. The effects are immediate, providing stability and certainty during a sensitive transition in the management of a business. To balance the positions involved, the descendant receiving the business or company interests compensates the other family members who would be entitled to a reserved share, either with money or other assets, unless they waive that entitlement.

The family agreement represents an exception to the general principle under Italian law prohibiting agreements concerning a future succession. For this reason, the law surrounds it with precise requirements, beginning with the participation of the relevant family members, making it an effective instrument that must nevertheless be structured rigorously.

Alongside it, the legal system offers other instruments tailored to particular needs, which must be selected case by case. For a family operating a business across two countries, considering a family agreement in good time may prevent the value created over many years from being fragmented by future disputes between heirs. Deciding during one’s lifetime and using the correct legal form is the way to transfer the business to the person who will continue it without also leaving behind a conflict.

How to coordinate assets in Italy and abroad

Having the correct instruments is not enough. They must work together across different countries. Coordinating assets between Italy and abroad is what transforms a collection of documents into an effective strategy, and it is also the most delicate stage because each legal system has its own rules concerning validity and publicity.

The starting point is always a complete map: which assets exist, in which countries, in whose name they are held and what restrictions apply to them. On that basis, the law governing each issue is identified, from succession to the matrimonial property regime, and it is verified that the chosen instruments are recognised and effective in the countries where they must operate. A trust, for example, must be structured so that it is recognised in the country where the assets are located. A will must be coordinated with wills made elsewhere. A family agreement must be adapted to the actual corporate structure.

Taxation must also be considered. In an international estate, tax exposure may arise in several countries, and careful planning addresses this from the outset in order to avoid duplication and unexpected liabilities.

This is precisely where coordination makes the difference. Our work is not to accumulate legal instruments, but to direct them as a coherent whole. We test each document against the rules of the country where the asset is located, verify that the trust will be recognised where it operates, ensure that the wills do not contradict one another, confirm that the family agreement fits the actual corporate context and assess whether the tax burden may be duplicated across several countries. We work with professionals in the jurisdictions involved, but the value lies in remaining the single point of coordination for the entire structure. Wealth organised properly today can be transferred smoothly tomorrow instead of becoming a puzzle for those who remain.

The role of the lawyer

Protecting international wealth is not a standardised exercise, but a tailored process. This is why legal assistance makes the difference between genuine protection and protection that exists only in appearance.

The lawyer’s first responsibility is coordination. This means analysing the legal systems involved together, identifying the combination of instruments best suited to the family’s objectives, from segregation and succession planning to dedicated family agreements, and drafting them with the precision required to remain effective over time. It also means ensuring that each instrument is valid and effective across borders, coordinating the necessary formalities in the different countries and monitoring taxation so that protection does not result in unexpected costs.

There is also a value that goes beyond technical expertise: distinguishing solutions that are lawful and effective from those that may prove fragile or, worse, open to challenge. Wealth is genuinely protected only through solid structures, not through shortcuts.

If your wealth, or that of your family, is distributed between Italy and other countries and you wish to protect and transfer it carefully, the Family Law Boschetti team can help you create a tailored strategy, with the expertise and discretion required by such a sensitive matter, so that what you have built remains secure and passes in an orderly way to the next generation. The first step, as always, creates no obligation. Its purpose is simply to map your circumstances and identify which instruments are genuinely relevant.

When a family matter crosses national borders, involving a divorce from a former spouse living abroad, children in another country or an inheritance divided between several States, the first question is often where to begin. Frequently, the initial decision does not concern legal proceedings, but the appropriate instrument: is a consultation sufficient to understand the position, or is a written legal opinion required? Here is how to choose the right solution for your circumstances.

Legal consultation and written opinion: the difference

Before choosing, it is useful to understand what genuinely distinguishes the two instruments, because the difference between a consultation and a legal opinion is not simply one of wording, but of function. A consultation, properly understood, is intended to guide a person towards a decision. The facts are reconstructed, the available options are explained and the client is assisted in understanding whether and how to proceed. It is preliminary to an operational choice and often takes the form of a direct discussion with the lawyer.

A legal opinion, by contrast, has its own independent nature and significance. It provides a rigorous legal analysis of the issue, supported by the relevant legislation and case law, and answers clearly defined questions. It does not necessarily presuppose legal action. It may simply be used to understand the applicable law and assess risks and available options with full awareness.

The most useful distinction for anyone deciding between the two concerns their intended purpose. A consultation provides guidance and normally remains within the relationship between the client and the lawyer. A written opinion, prepared on the Law Firm’s letterhead in accordance with the standards of a qualified legal opinion, is instead a formal and citable document designed to be submitted to third parties, such as a counterparty, a court, a public authority or a bank.

In summary, a consultation is the instrument used to make a decision, while a written opinion is the instrument used to demonstrate a legal position. Understanding which of these two needs applies is the first step towards avoiding the expenditure of time and resources in the wrong direction. Making the correct choice from the outset often also results in savings, avoiding the request for a formal document where clarification would have been sufficient, or relying on an informal discussion where a formal written opinion was required.

When an international family law consultation is sufficient

In many cases, fortunately, a formal document is not required and a well structured consultation is sufficient. An international family law consultation is appropriate where the need is to understand one’s position and decide how to proceed, without yet having to persuade a third party or prove a particular legal conclusion.

Consider someone at the beginning of a process who needs clarity: determining which law will govern a separation from a spouse living abroad, understanding whether relocating with children requires the other parent’s consent, or assessing in general terms how a succession involving assets in several countries will operate. In these circumstances, what matters is receiving a reliable and reasoned overview that allows the next step to be chosen with confidence.

The natural format in such cases is interactive: a review of the relevant documents followed by a direct discussion with the lawyer, remotely or in person, during which the case is reconstructed, the available options are explained and the questions are answered. It is a confidential, flexible and often conclusive solution, because it transforms a complex collection of doubts into a clear path.

A consultation is the right choice where the immediate objective is to make a decision rather than prove a position. It helps provide direction, prevent mistakes and establish whether legal action is genuinely advisable before investing time and money in something more structured. For many international families, this is precisely the correct starting point. A consultation does not prevent any future step. If the need for a formal document later emerges, a written opinion may always be requested at that stage.

When a written legal opinion is required

There are, however, situations in which even a valuable discussion is not enough and a formal document is necessary. A written legal opinion becomes appropriate when something must be demonstrated to another person or authority, rather than simply understood for one’s own purposes.

The clearest example is where an Italian law issue must be submitted to a third party: a foreign court that needs to understand the effects of a divorce granted in Italy, a bank requesting confirmation of the heirs’ legal position, or a public authority or counterparty involved in negotiations. In these situations, a formal and citable instrument is required. Prepared on the Law Firm’s letterhead and structured according to the standards of a qualified legal opinion, the written opinion is precisely the document that can be produced and added to the relevant case file.

A written opinion is also advisable where the matter is complex or sensitive and the client wishes to record in writing a legal framework on which important decisions will be based. Sometimes it remains a document held in reserve as evidence of a carefully considered choice. In other cases, it becomes an instrument to be used in litigation that may arise in the future.

The practical rule is simple: where the objective is to persuade, demonstrate or place a legal analysis on the record, the written form is almost always the correct solution. Its value lies precisely in its ability to communicate with authority even to those who were not present when the issue was analysed. In a matter involving several countries, this capacity to communicate with distant authorities and professionals often distinguishes a recognised position from a disputed one.

We also rely on qualified opinions prepared by foreign lawyers or other professionals when a matter involves foreign law, often with a view to producing them in court proceedings. In a case concerning recognition of Italian citizenship by descent, for example, we requested a pro veritate opinion from a Brazilian professor of private law. The case involved a family line affected by non marital parentage and required clarification of the rules governing Brazilian civil status records. The opinion established that, under Brazilian law at the relevant time, paternal recognition required a formal act by the father, while the legal relationship with the mother arose automatically at birth, regardless of her presence or an express declaration of recognition.

On the basis of this authoritative analysis of Brazilian law, the Court recognised that Italian citizenship had been validly transmitted from the mother to the child despite the absence of an express maternal recognition. The Court applied the principle favouring the establishment of parentage and gave priority to the law of the country in which the parent child relationship had arisen, in the Stangherlin case. This example demonstrates how a technically rigorous and properly reasoned pro veritate opinion can have a decisive impact on the outcome of legal proceedings.

Comparing typical international family law cases

A few further examples help clarify the choice by comparing similar cases that require different instruments. An international couple considering separation and seeking to understand which law would govern the divorce, and how it might affect maintenance and property, first needed guidance. In that case, our legal advice was delivered orally through a video call. Its purpose was to help the couple make an internal decision, without needing to assert a legal argument before third parties or courts.

The position would be entirely different if the same couple, after obtaining a divorce in Italy, needed to rely on that judgment before a foreign authority questioning its effects. In that case, understanding the position would no longer be sufficient. It would be necessary to demonstrate it, and a written opinion would be required to explain authoritatively how the Italian legal system treats the matter.

The same distinction applies to children. A parent considering relocating abroad with a child and seeking to understand the rules and risks found an online consultation to be the most appropriate solution. If, by contrast, a foreign court or authority requested clarification of the position under Italian law, a written document would become essential.

The same logic applies to succession matters. Understanding how a succession involving heirs in several countries operates is suitable for a consultation, while persuading a foreign bank to release assets or a counterparty to recognise an inheritance share requires a formal opinion. The criterion remains the same: a consultation is used to make a decision, while a written opinion is used to assert and support a legal position before others. Recognising which stage applies prevents unnecessary expenditure on an opinion where a discussion would have been sufficient, or reliance on a discussion where a formal document was needed.

Costs and timeframes of the two solutions

From a practical perspective, a consultation and a written opinion require different levels of work, and this should properly be considered when making the choice. A consultation is generally the more flexible option. It includes a review of the documentation and a discussion with the lawyer and is completed within a relatively short timeframe. It is suitable for those seeking prompt clarity in order to decide on the next step without delay.

A written opinion, by its nature, requires more extensive work. In addition to reconstructing the facts, it involves identifying the applicable statutory provisions, reviewing relevant case law and preparing a formal document capable of withstanding scrutiny by other professionals and the authority before which it will be used. For the same legal issue, it therefore requires more time and carries a higher cost than a consultation.

Neither service is subject to a fixed fee, because much depends on the complexity of the case and the number of questions to be addressed. A straightforward issue can be resolved quickly and with a proportionate level of work. A matter involving several legal systems requires the time and analysis necessary to ensure a reliable result.

The important point is that timeframes and costs are defined clearly from the beginning when the engagement is granted, so that there are no surprises. Knowing in advance what each option involves makes it possible to choose not only the most suitable instrument, but also the one proportionate to the importance of the matter. In many cases, the two services follow one another naturally: first a consultation to make the decision, followed, where genuinely necessary, by a written opinion to give that decision formal support.

How to begin

The best way to avoid choosing the wrong instrument is not to make the decision alone in the abstract, but to begin with an initial discussion. It is often sufficient to describe the situation and provide the essential documents for it to become clear whether a consultation is enough or a written opinion would be preferable. The choice depends on the specific objective rather than on a theoretical preference. The Law Firm has no predetermined interest in recommending a written opinion instead of an online or in person consultation. Our recommendation is based exclusively on the client’s objectives and needs.

Once the appropriate instrument has been selected, the process is organised. The questions to be answered are defined precisely, the most suitable format is agreed and the timeframes and costs are established transparently. For an international family, relying on a professional who understands the interaction between several legal systems means addressing the matter with the confidence that every aspect has been considered and no blind spots remain.

Many situations that initially appear complex become manageable as soon as they are analysed methodically and the appropriate route is identified. In some cases, a consultation is sufficient to provide direction. In others, a written opinion is required. The value is the same: transforming uncertainty into an informed decision.

If you are dealing with a family matter involving international elements and do not know where to begin, the Family Law Boschetti team can help you choose the right instrument and develop a clear and reliable answer tailored to your circumstances, with the expertise and discretion required by such a sensitive matter. The initial contact does not create any obligation. Its purpose is precisely to identify together the appropriate route before discussing a formal engagement.