International Divorce and Family Law: Italy & England

This page may be relevant if you fall into any of the categories below:

• An Italian national living in England or Wales and considering divorce or separation
• A British person married to an Italian national, whether the wedding took place in Italy or elsewhere
• A couple who lived in Italy before settling in England or Wales, or British expatriates living in Italy
• A parent whose child lives in one country and regularly spends time with family in the other
• A spouse with an Italian home, inherited property, business interest, savings or pension alongside assets in England and Wales
• Someone who has separated or divorced in Italy and wants to understand the position in England and Wales

Divorce involving England and Italy

A wedding in any Italian city does not mean that a divorce must take place in Italy; equally, a British passport does not automatically give the courts of England and Wales authority to deal with a divorce. The answer depends on the legal grounds for jurisdiction and the couple’s real connections, including habitual residence, domicile, and where each spouse has been living. If proceedings are already under way in Italy, their stage and effect also need attention.

Where the English court has jurisdiction, Laurus can advise on the divorce process and the practicalities of dealing with a spouse abroad, including service of documents and evidence of an overseas marriage.

Divorce and a financial settlement are separate matters under English law, and ending the marriage does not, by itself, finally settle claims about property, pensions or maintenance. This can come as a surprise to couples who dealt with a separation in Italy years ago and have since made a home in England. The order made, the terms agreed, and the parties’ subsequent circumstances should be reviewed before assuming that nothing further is required.

Italian separation and the choice of forum

Italy has a formal legal separation process that can precede divorce. In the usual separation route, the period before divorce may differ according to whether the separation was agreed or contested. That is quite different from the no-fault divorce process in England and Wales, and it is one reason to distinguish an informal decision to live apart from a legally effective Italian separation. Italian advice is needed on the precise procedure and any current options in an individual case.

Where both countries may potentially deal with some aspect of a case, the best course is rarely determined by the quickest route; residence history, any existing application, the place where children live, the assets that need to be dealt with and the likely effect of an order abroad can all matter. An English divorce may be convenient for a family based in London, but an Italian home or an existing Italian order may still call for coordinated advice. Laurus can explain the English position so that decisions about proceedings are made with the full picture in view.

Financial arrangements and property in Italy

An English financial application normally requires full and frank disclosure of assets and income wherever they are held. The starting point is to identify ownership, any competing interests, and the evidence available, rather than assume that a property can simply be sold.

Italy’s ordinary matrimonial property regime is a statutory community of property, although spouses can choose separation of property in the required form. Some assets are excluded from the community, and the position can depend on when and how an asset was acquired. An Italian lawyer can explain the applicable regime and examine marriage records or deeds; Laurus can then address how the evidence and resources bear on an English settlement.

Agreements made before or during marriage

An Anglo-Italian couple may want a prenuptial or postnuptial agreement because they intend to move between countries or wish to protect a family business or inherited property. An Italian choice of property regime and an English nuptial agreement address related but different questions. Neither should be assumed to produce the same result in both legal systems.

In England and Wales, a nuptial agreement can carry considerable weight where both people entered it freely, understood its implications, and it would be fair to hold them to it, but it cannot exclude the court’s ultimate assessment of fairness. Disclosure, independent advice, and enough time to consider the document are sensible safeguards. We can advise on the English effect and coordinate with Italian counsel on local form and effect.

Children moving between England and Italy

For a child with close family in both countries, a workable arrangement needs more than a general promise of regular contact. Parents may need to settle school holiday dates, passports, travel costs, handovers, video calls, and what happens if a journey is disrupted.

A proposed permanent move from England to Italy, or a return to England with a child who has been living in Italy, calls for advice before travel plans are made. The child’s habitual residence, parental responsibility and the other parent’s consent are likely to be crucial to any outcome. Both countries participate in international arrangements concerning wrongful removal or retention of children, but those arrangements do not make every disagreement an abduction case or decide where a child should ultimately live. If removal is threatened or has occurred, prompt specialist advice is important.

Working with advisers in both countries

Good coordination begins with obtaining a clear chronology of the case, including where the couple married, where each person has lived, whether an Italian separation was formalised, what proceedings have been issued, and where the children and assets are now.

If your divorce, financial arrangements, children’s plans, proposed relocation or pre-nuptial agreement involves England and Italy, contact Laurus to discuss the English side. Early advice is particularly valuable if an Italian separation or court case has begun, a child may move between countries, or an Italian asset needs to be included in a settlement. We can help you identify the next steps and coordinate advice where the Italian position also matters.

Contact us today for trusted and tailored advice.