Divorce between Canadian and Italian nationals.

In Italy, pursuant to Law No. 218 of 1995 (called international private Law), when the spouses are foreigners or with different nationality, the separation and divorce are governed by the national law of the spouses at the time of separation or divorce's request. In absence of a common national law, the separations and divorces will be regulated by the law of the State where the couple's life mainly took place. For example, if the marriage principally took place in Canada, the Canadian law may apply also for separations and divorces requested before an Italian court.

According to Article n. 31 of Law n. 218/1995, if the separation and divorce are not provided by foreign law, the Italian Law will apply. While, pursuant to Article n. 32 of the international private Law, the Italian jurisdiction also exists 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 Canadian courts can be enforced without any recognition procedure, provided that these judgments have respected the fundamental rights of the defense and they are not against the public order or the fundamental rights provided by the Italian legal system. 

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

If you need some help on international divorce in Italy, please contact us.

To know more, please read also:

Italian lawyers for Canadian 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