Recognition of divorces and legal separations in Italy
The Hague Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations. Its application in Italy.
The Hague Convention of 1970 on Recognition of divorces and legal separations entered into force in Italy on April 20, 1986. It shall apply to the recognition in one Contracting State of divorces and legal separations obtained in another Contracting State which follow judicial or other proceedings officially recognised in that State and which are legally effective there.
The Convention does not apply to findings of fault or to ancillary orders pronounced on the making of a decree of divorce or legal separation; in particular, it does not apply to orders relating to pecuniary obligations or to the custody of children.
Such divorces and legal separations shall be recognised in all other Contracting States, subject to the remaining terms of the Convention, if, at the date of the institution of the proceedings in the State of the divorce or legal separation:
- the respondent had his habitual residence there
- the petitioner had his habitual residence there and one of the following further conditions was fulfilled: such habitual residence had continued for not less than one year immediately prior to the institution of proceedings; the spouses last habitually resided there together;
- both spouses were nationals of that State
- the petitioner was a national of that State and one of the following further conditions was fulfilled: the petitioner had his habitual residence there; he had habitually resided there for a continuous period of one year falling, at least in part, within the two years preceding the institution of the proceedings;
- the petitioner for divorce was a national of that State and both the following further conditions were fulfilled: the petitioner was present in that State at the date of institution of the proceedings; the spouses last habitually resided together in a State whose law, at the date of institution of the proceedings, did not provide for divorce.
The recognition of a divorce or legal separation shall not be refused:
- because the internal law of the State in which such recognition is sought would not allow divorce or, as the case may be, legal separation upon the same facts
-because a law was applied other than that applicable under the rules of private international law of that State.
Without prejudice to such review as may be necessary for the application of other provisions of the Convention, the authorities of the State in which recognition of a divorce or legal separation is sought shall not examine the merits of the decision.
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Published on 26 March 2013
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