Recognition of foreign divorce in Italy.
Legal advice on recognition of foreign divorce judgments in Italy.
The recognition of foreign divorce in Italy is regulated by Law 218 of 1995. This law establish some general rules in order to recognize and enforce foreign judgments in Italy, but many times the Italian jurists have debated on the respect of the public order by foreign judgments and their legality.
On these issues, the "Corte di Cassazione" (the Italian Supreme Court) has issued several important judgments that provide a guidance for the recognition of foreign divorces.
For example, with sentence no. 13556 of 2012, the Supreme Court established that the divorce pronounced by a foreign court that didn't decided on custody and child support, is not contrary to public order, so it can be enforced in Italy (the Italian divorce's judgments always need to rule all issues about the children).
In fact, the divorce judgment issued by a foreign court between non-Italian citizens, although it doesn't indicate the conditions of custody of children, is not in conflict with any fundamental principle of the Italian legal system. According to the Supreme Court, the foreign judgment, even if it reproduces the content of an agreement between the parties, is always an expression of a jurisdiction that involves the application of the Italian Law 218/1995.
If you need more information or assistance on international divorce in Italy, contact Lawyers in Rome
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Published on 15 May 2014
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