Facing Separation or Divorce in a Foreign Country

Experiencing separation or divorce is a complex and sensitive event. When this occurs in a country other than one's own, difficulties can increase due to language barriers, unfamiliarity with the local legal system, and distance from one's support network. Understanding which law applies, which court to approach, and how to protect your rights and those of your children becomes a top priority. In these circumstances, the support of a family law attorney with extensive experience in handling international cases in Milan is crucial for navigating the legal path with clarity and confidence.

The Regulatory Framework for International Separations and Divorces in Italy

Managing a family crisis involving foreign citizens residing in Italy requires careful analysis of two crucial aspects: jurisdiction and applicable law. Jurisdiction determines which national court has the power to decide the case. For European Union countries, Regulation (EC) No 2201/2003 (known as Brussels II bis) sets precise criteria based primarily on the habitual residence of the spouses or children. Applicable law, on the other hand, determines which legal system (Italian or foreign) will govern the aspects of separation, divorce, child custody, and financial relations. Italian Law No. 218/1995 on private international law and European regulations allow spouses, under certain conditions, to choose the applicable law, a strategic decision that can have significant consequences.

Studio Legale Bianucci's Approach

The approach of Ms. Marco Bianucci, an attorney specializing in international family law in Milan, is based on thorough preliminary analysis to define the most effective strategy. The first step is to ascertain with certainty the competent judge and the most favorable law to apply to the specific case, evaluating all available options. The firm ensures clear and transparent communication, offering bilingual assistance to ensure that every legal aspect is fully understood. The strategy is always personalized and aims to protect the client's interests, with particular attention to the protection of minor children and the fair division of assets, even when they are located in multiple countries.

Crucial Aspects in Managing an International Divorce

Beyond the choice of forum and law, a divorce with international elements presents specificities that require targeted expertise. Managing these cases involves knowledge of international conventions and the ability to coordinate, if necessary, with legal professionals in other countries.

Protection of Minor Children

The absolute priority is always the well-being of the children. In an international context, decisions regarding custody, residence, and visitation rights must consider the risk of international child abduction. Ms. Marco Bianucci works to define clear and internationally enforceable agreements that ensure the stability and well-being of minors, in full compliance with the Hague Convention.

Division of Assets Between Spouses of Different Nationalities

The division of property (community property or separate property) can become particularly complex when assets are located in different states. It is essential to map the family's entire movable and immovable assets and analyze which national law governs their division. Accurate analysis prevents future disputes and ensures a fair distribution according to the principles of the applicable law.

Frequently Asked Questions

Which court has jurisdiction over my divorce if I live in Italy but am a foreigner?

Jurisdiction is generally determined by habitual residence. According to European rules, the court of the place where both spouses have their habitual residence, or the last common residence if one of them still resides there, or the residence of the respondent spouse has jurisdiction. There are also other criteria. An analysis of the specific case is necessary to identify the correct forum.

Does Italian law or the law of my home country apply to my separation?

The applicable law does not necessarily coincide with the competent court. Spouses can, in some cases, agree to choose the law of one of the countries of which at least one of them is a citizen at the time of the agreement. In the absence of a choice, the criteria established by European regulations or Italian law apply, which often favor the law of the country of common habitual residence.

How does child custody work in an international context?

The guiding principle is the best interests of the child. Custody and parental responsibility decisions made by a court in an EU Member State are generally recognized and enforceable in other Member States. The goal is to ensure the continuity of the child's life and their right to maintain a relationship with both parents, even if they live in different countries.

Do I need an English-speaking lawyer for my divorce in Milan?

While not a legal requirement, having a lawyer who can communicate fluently in English (or your language) is a significant advantage. It ensures that you can fully understand every document, every stage of the proceedings, and the implications of every strategic choice, eliminating misunderstandings and building an essential trusting relationship.

Contact the Firm for a Case Evaluation

If you are facing an international separation or divorce in Milan, it is crucial to act with awareness and the right legal support. Ms. Marco Bianucci offers her expertise to analyze your specific situation, explain your rights, and define the most appropriate legal path. Contact the law firm to request a consultation and gain clarity about your future.