Management of Marital Crises for Citizens Registered with AIRE

Facing the end of a marriage is always a delicate step, but for Italian citizens residing abroad (registered with AIRE) the situation can appear even more complex due to geographical distance and regulatory uncertainties. One often wonders if it is necessary to return to Italy, which law applies, and which court has jurisdiction. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the logistical and emotional difficulties that accompany these cross-border procedures, offering a solid and competent point of reference right in the Lombard capital.

Italian Jurisdiction and the Role of the Court of Milan

Private international law regulations and European Union regulations establish precise criteria for identifying the competent judge. For Italian citizens residing abroad, Italian jurisdiction often exists when both spouses are Italian citizens, or when the marriage was celebrated or transcribed in Italy. The Court of Milan plays a central role for many compatriots, often being the place of last common residence or the municipality of transcription of the marriage certificate. It is crucial to understand that, even if living in London, New York, or Dubai, it is possible to initiate separation or divorce proceedings in Italy, often benefiting from more streamlined procedures and lower costs compared to foreign jurisdictions.

Application of Law and Transcription of Acts

A crucial aspect concerns the applicable law. The law of the forum (the court deciding) does not always coincide with the law applicable to the relationship. Thanks to consolidated experience in the field, Studio Legale Bianucci analyzes each case in light of European regulations and international conventions to determine whether Italian law or the law of the country of residence should be applied. Furthermore, the firm handles all subsequent formalities, including the correct transcription of judgments in civil status registers, ensuring that the new status is fully recognized by the Italian legal system.

Studio Legale Bianucci's Approach for International Clients

Avv. Marco Bianucci, an expert lawyer in matrimonial law in Milan, has developed an optimized working method to assist clients remotely. The client's physical presence in the office, located at via Alberto da Giussano 26, is almost never necessary in the preliminary stages. Through the use of advanced communication technologies and electronic case management, the firm minimizes the need for international travel for the client. The strategy is based on clarity: from the very first consultation, timelines, costs, and the possibilities of reaching a consensual agreement are outlined, which represents the preferred route to reduce bureaucratic delays and the emotional impact of the procedure.

Frequently Asked Questions

Do I have to return to Italy for the separation hearing?

Not always. In the case of consensual procedures based on assisted negotiation, the physical presence of the spouses in court is not required, as lawyers manage the entire process and file the agreement. Even in classic judicial proceedings, the Court of Milan has adopted protocols that, under certain circumstances, allow hearings to be conducted remotely or through delegation, drastically reducing the need for registered AIRE citizens to return.

Which court has jurisdiction if we live abroad but are married in Italy?

Territorial jurisdiction is determined by specific criteria. Generally, if the separation is consensual, one can choose the court of the place where the marriage was transcribed or the last common residence in Italy. If the procedure is contentious, jurisdiction generally belongs to the court of the defendant's place of residence or domicile, if they reside in Italy, or in other specific cases provided for by law 218/1995. A preliminary analysis is essential to identify the correct forum and avoid claims of lack of jurisdiction.

Can we divorce in Italy if my spouse is a foreigner?

Yes, the foreign citizenship of one of the spouses does not in itself prevent access to Italian jurisdiction. If the Italian spouse is the plaintiff or defendant, or if the marriage was celebrated in Italy, the prerequisites for proceeding before an Italian judge often exist. Avv. Marco Bianucci will assess the existence of Italian jurisdiction based on EU regulations and international conventions in force between Italy and the spouse's country of citizenship.

How long does it take to get a divorce from abroad?

The timelines vary depending on the type of procedure chosen. Assisted negotiation and joint application are the fastest routes, allowing separation or divorce to be obtained in a few months. Contentious judicial proceedings, on the other hand, follow the ordinary court timelines and may take longer. The firm constantly works to promote agreed solutions that accelerate the bureaucratic process.

Request a Case Evaluation

If you reside abroad and need to manage a separation or divorce in Italy, rely on someone who knows the specifics of procedures for AIRE registered individuals. Contact Avv. Marco Bianucci for a preliminary consultation, including via videoconference. The firm will analyze your specific situation to identify the most effective and least intrusive strategy for your life abroad.