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MATRIMONIALISTA-DIVORCIADO TAMBÉM NO EXTERIOR
This is possible because in some states of the European Union it is possible to get divorced without separating. Two requirements are necessary to obtain a divorce abroad: the consent of the spouses; temporary residence of one of the spouses in the foreign country where the divorce is requested. In fact, in several countries of the European Union, it is possible to get divorced within 3 to 4 months without obtaining a separation. Is a divorce obtained abroad also valid in Italy? Let's clarify the issue: the validity of a divorce obtained abroad in Italy is a matter that many ex-spouses often have to deal with. Given the rather long waiting time for this type of procedure, some try to speed things up by turning to foreign courts, where divorce is granted within a few months. However, this is not automatically valid in our country and requires specific recognition. It will be necessary to understand how to obtain all the necessary documentation (from which offices to request it, for example), as well as to obtain a copy of the divorce decree, should it become essential.
Como funciona o divórcio na Itália
In Italy, the first necessary resource to proceed with a divorce is a lawyer specialized in divorce who can represent each party involved. From there, the process continues with the separation, that is, a measure intended to allow a possible reconciliation between the spouses before the divorce becomes effective. With the quick divorce, the time to file the official request is: 6 months in the case of separation by mutual consent, 12 months in the case of judicial separation. When, however, one wishes to considerably shorten the time, a solution chosen by many is to apply for divorce in the courts of European countries such as Romania and Spain, where separation is not a prerequisite. Obviously, both spouses must agree to proceed, and the sine qua non condition is that one of them must have residence, even if temporary, in the country in question. The problem, however, is that the divorce decree issued abroad is not automatically communicated to the Italian State, but must be transcribed at the Civil Registry Office of the municipality where the marriage
was registered after a specific request.
Como faço para solicitar a validação de um divórcio obtido no exterior?
Hague Apostille
The Hague Convention*, in fact, serves to provide greater fluidity to the recognition of public acts at the international level and has 115 participating states. Essentially, the agreement allows citizens to request the validation of their documents issued abroad without having to go to the relevant embassy or consulate, but it can be requested from specific internal bodies created by the State. In this way, the Postille or Hague Apostille is obtained, that is, a specific declaration in which a designated official affirms that the document complies with legal requirements and affixes their stamp as a guarantee.* The apostille provided for by the Hague Convention replaces traditional diplomatic or consular legalization. By abolishing the obligation to legalize foreign public documents (or Italian ones for foreigners), the Convention facilitates their use in the respective member states.
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