CAN I DIVORCE IN ITALY, IF I HAVE NOT REGISTERED MY MARRIAGE?

Ammissibile il trasferimento immobiliare in esecuzione di accordi di separazione o divorzio senza la necessità di ricorrere al Notaio.
September 15, 2021
De Facto Relationships vs Marriage in Italy
September 15, 2021
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CAN I DIVORCE IN ITALY, IF I HAVE NOT REGISTERED MY MARRIAGE?

Short answer: yes.

A recent decision issued by the Tribunale di Parma on Oct. 23, 2018 reaffirmed that a marriage stipulated abroad can still be dissolved by an Italian court without the need of a previous registration of the same on one of our Municipal Registries of Births, Marriages and deaths.

In doing so, the Court of Parma recalled the decision of the Supreme Court n. 569/1975, the Decision from the Court of Appeal of Genova 23 Dec. 1999 and again the Supreme Court 5292/ 1985

Italy, in fact, abides by the principle of respect for international relationships as established by art. 10 of our Constitution, therefore foreign citizens can validly seek a divorce regardless of the registration of their marriage in Italy and irrespective of the circumstance that the Italian divorce will not/may not be registered in our Country for lack of a previous annotation of their marriage (provided that the formalities of the marriage itself had been validly accomplished based on the foreign law, of course). 

Marco Calabrese is an International Family Law Attorney and Collaborative Law Attorney shortlisted by the US Embassy in Rome, Contributor of the World Bank Publications for Gender Equality. Owner of the Family Law Italy, a boutique law firm, located in Rome, Italy.

 info@familylawitaly.com website www.familylawitaly.com +39068075014

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