The end of an international marriage

Facing separation or divorce is a complex and delicate path. When one or both spouses are foreign citizens residing in Italy, the situation becomes enriched with further legal complexities that require specific expertise in private international law. Understanding which court has jurisdiction to decide and, above all, which national law will be applied are the first, fundamental steps to protect one's rights. In these contexts, the assistance of a divorce lawyer in Milan with consolidated experience in the field becomes crucial for navigating a regulatory framework that involves European regulations and international conventions.

The regulatory framework: jurisdiction and applicable law

The management of a separation or divorce with international elements is based on two pillars: the determination of jurisdiction (the court that has the power to decide on the case) and the identification of the applicable law (the rules that will govern the personal and property relationships between the spouses). For couples residing in the European Union, Regulation (EC) No 2201/2003 (known as Brussels II bis) establishes clear criteria for jurisdiction, based primarily on the habitual residence of the spouses. The applicable law, on the other hand, is often determined by Regulation (EU) No 1259/2010 (Rome III), which allows spouses to choose the law that will govern their divorce, or, in the absence of a choice, establishes objective criteria. The correct interpretation of these rules is essential for defining an effective procedural strategy from the outset.

The approach of Studio Legale Bianucci

At Studio Legale Bianucci in Milan, the approach to these cases is primarily strategic and analytical. As a lawyer specializing in family law, Avv. Marco Bianucci conducts an in-depth preliminary analysis to assess which jurisdiction and which applicable law can offer the most advantageous protection for the client's position. This initial study considers every aspect of the family situation: from the nationality of the spouses to their residence, from the place of celebration of the marriage to the location of assets. The goal is to define a clear and informed path, explaining to the client every possible scenario and its consequences, both regarding economic aspects and child custody and support.

Frequently Asked Questions

Which law applies to my divorce if I am a foreigner in Italy?

The applicable law can be chosen by mutual agreement of the spouses. In the absence of an agreement, the law of the State of common habitual residence at the time of the agreement applies, or the law of the last habitual residence if one of them still resides there, or the law of the State of which both are citizens. The assessment is complex and must be carried out on a case-by-case basis to identify the most appropriate solution.

Can I divorce in Italy even if I got married abroad?

Yes, the place where the marriage was celebrated is not decisive for establishing jurisdiction. It is possible to initiate separation or divorce proceedings in Italy if the habitual residence of at least one of the spouses is on Italian territory. Marriages celebrated abroad must be transcribed in the Italian civil status registers to have full effect.

How is child custody handled in an international divorce?

This matter is governed by the overriding principle of the child's best interest. Decisions on child custody and placement are made by the competent judge based on the child's habitual residence. International conventions, such as the Hague Convention, are fundamental for preventing and managing cases of international child abduction, ensuring respect for judicial decisions between different States.

What happens to assets I own abroad?

The competent Italian judge for the divorce can also decide on the division of assets located abroad, applying the couple's matrimonial property regime. However, the practical enforcement of an Italian judgment on foreign real estate or bank accounts may require a specific recognition procedure (exequatur) in the country where the assets are located, according to current international conventions.

Request a consultation for your case

Separations and divorces with international profiles present unique challenges that require careful legal analysis and a tailored strategy. If you are facing this situation in Milan, it is essential to receive qualified advice to fully understand your rights and the options available to you. Contact Studio Legale Bianucci at Via Alberto da Giussano, 26, for an in-depth evaluation of your case. Avv. Marco Bianucci and his team are available to provide you with the necessary assistance with professionalism and clarity.