Divorce between Australian and Italian citizens.

According to Italian to Law n. 218 of 1995 (known as International Private Law), the divorces between foreigners or spouses with different nationality, are governed by the common national law of the spouses at the time of divorce.

If there isn't a common national law between the spouses, the separations and divorces will be regulated by the law of the State where the life of the couple mainly took place. So, if the marriage principally took place in Australia, the Australian law applies.

Pursuant to Article n. 31 of Italian International Private Law, if the divorce is not provided by the foreign law, the Italian Law will apply. While, according to Article n. 32 of Law n. 218, the Italian jurisdiction will apply in matters of nullity and annulment of marriage, legal separation, dissolution of marriage, when one spouse is an Italian citizen and the marriage was celebrated in Italy.

The separation and divorce judgments delivered by Australians courts can be enforced in Italy without any recognition procedure, provided that the trials celebrated abroad have respected the fundamental rights of the defense and the judgments are not against the public order or the fundamental rights provided by the Italian Law. 

Italy doesn't recognize the notarial divorce, but only the divorce delivered by a judicial authority.

If you need some assistance on international divorce in Italy, don't hesitate to contact us.

To know more, please read also:

Italian lawyers for Australian citizens in Italy

Divorce in Italy

Recognition of divorces and legal separations in Italy

International Divorce in EU Countries

Transcription in Italy of marriages contracted abroad

Same-sex marriage celebrated abroad can be transcribed in Italy

Family lawyers in Italy