Validity of foreign divorce in Italy

Obtaining a divorce decree abroad represents a fundamental step for the dissolution of a marriage, but it often marks the beginning of a bureaucratic process to make it effective in Italy. A decision issued by a foreign court is not, in fact, automatically valid in our legal system. Understanding the correct procedure is essential to update one's civil status and to assert the rights and obligations that derive from it. As a divorce lawyer in Milan, lawyer Marco Bianucci assists his clients in facing this complex process, ensuring that every step is managed with precision and expertise.

The regulatory framework: from exequatur to transcription

In the past, recognizing a foreign judgment required a complex judicial proceeding known as 'exequatur'. Today, thanks to Law no. 218/1995 on the reform of private international law and European regulations, such as Regulation (EC) no. 2201/2003 (Brussels II bis), the procedure has been significantly simplified. The general rule is automatic recognition, provided that the foreign judgment meets certain fundamental requirements. Among these, the most important is that the decision does not conflict with Italian public policy and that the essential rights of defense were respected during the foreign proceedings.

The practical procedure consists of requesting the transcription of the judgment at the Civil Status Office of the Italian Municipality where the marriage was celebrated or registered. To initiate this process, it is essential to provide a certified copy of the judgment, complete with confirmation of its final and binding nature, and the relevant sworn translation into Italian. Although the process appears straightforward, complications can arise related to the completeness of the documentation or interpretative doubts on the part of the civil status officer, making qualified legal support crucial.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a lawyer with extensive experience in family law in Milan, is based on a rigorous preliminary analysis of each case. The Firm carefully verifies that the foreign divorce decree and the accompanying documentation meet all the requirements provided by Italian law for transcription. This preventive check is fundamental to prevent delays or a possible rejection of the request by the competent authorities. The firm's strategy consists of preparing an impeccable documentary file and directly managing communications with public offices, ensuring that the process for recognizing the divorce concludes as quickly and efficiently as possible, fully protecting the client's legal position.

Frequently Asked Questions

How long does it take to get a foreign divorce recognized in Italy?

The times can vary significantly depending on several factors. For judgments issued in EU countries, if the documentation is complete, the transcription process can take from a few weeks to a couple of months. For judgments from non-EU countries or in cases of incomplete or complex documentation, the times may be longer. The speed largely depends on the efficiency of the competent Civil Status Office and the correctness of the submitted application.

What happens if the Municipality refuses to transcribe the divorce decree?

The refusal by the Civil Status Officer must always be motivated in writing. Reasons may include contrariety to public policy or lack of essential requirements. In this case, it is possible to file an appeal with the competent court to obtain a judicial order for transcription. Legal assistance is essential to effectively contest the denial.

Is a sworn translation of the judgment always necessary?

Yes, a sworn (or certified) translation into Italian is an essential requirement. The judgment is a legal document, and its translation must be certified as faithful to the original by an official translator registered with the court. For some judgments issued in EU countries, standard multilingual forms may be available that simplify the procedure, but the general rule remains that of a sworn translation.

Does the recognition of a foreign divorce automatically include arrangements for children?

Decisions regarding parental responsibility and child support contained in a foreign divorce decree (especially from the EU) are generally recognized. However, to make them enforceable in Italy, for example, to compel a parent to pay alimony, an additional procedure may be necessary to obtain a declaration of enforceability from the competent Court of Appeal. The matter is complex and requires specific case analysis.

Contact the firm for an evaluation of your case

The recognition of a foreign divorce decree is a technical procedure that requires precision and knowledge of private international law. Entrusting yourself to an experienced professional is the best way to ensure that your rights are protected and that the procedure proceeds smoothly. To receive personalized advice, you can contact the Bianucci Law Firm, located in Milan at via Alberto da Giussano, 26. Lawyer Marco Bianucci will analyze your specific situation to outline the most effective strategy for the transcription of your divorce in Italy.