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MATRIMONIALIST-DIVORCE ALSO ABROAD
This is possible, because in some European Union states one can divorce without separating. Two requirements are needed to obtain a divorce abroad: consent of the spouses;. provisional residence of one of the spouses in the foreign country where the divorce is sought.Sometimes, some couples decide to apply for divorce abroad in order to reduce the waiting time. In fact, in several European Union countries, it is possible to divorce within 3-4 months without obtaining a separation. Is divorce abroad also valid in Italy? Let's clarify the question.The validity of a divorce obtained abroad in Italy is a matter with which many former spouses often have to contend.Given the rather long waiting times for this type of practice, some try to speed things up by turning to foreign courts, where the 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 instance), as well as how to obtain a copy of the divorce decree in case it becomes essential.
How divorce works in Italy
In Italy, the first resource needed to proceed with a divorce is a divorce lawyer who can represent each party involved. From there, one proceeds with the separation, i.e. a measure designed to allow for a possible reconciliation between the spouses before the divorce becomes effective.With the short divorce, the time to file the official request is:
6 months in the case of a separation by mutual consent
12 months in the case of a judicial separation
When, however, one wishes to shorten the time considerably, a solution chosen by many is to apply for divorce to the courts in European countries such as Romania and Spain, where separation is not a prerequisite. Obviously, both spouses must agree to proceed, and the conditio sine qua non is that one of them must have a residence, even a temporary one, in the country in question.
The problem, however, is that the divorce decree pronounced abroad is not automatically communicated to the Italian State, but must be transcribed at the Civil Status Office of the municipality where the marriage is registered after a specific request.
How do I apply for validation of a divorce obtained abroad?
Before applying for the validation of a divorce decree obtained abroad, one must be sure that the decree is final and that it has been registered by the competent court.Subsequently, one must submit the required documentation, which varies depending on the country in which the divorce was obtained.For divorce decree issued by foreign EU countries, one needs
- The application form/substitute declaration
- The divorce decree that has become final and legalised by the competent authorities of the issuing country ("Postilla" of The Hague or equivalent legalisation)
- Full translation of the judgment into Italian by an official translator
- The photocopy of a valid identification document
- In addition, for countries outside the EU area, all the documentation required by the territorially competent Representation is required, for which it will be necessary to call the consulate or embassy.
All of this documentation will have to be presented by the applicant to the Commune of transcription of the relevant marriage record.
Hague Apostille
This is a fairly simple and quick way to shorten the time taken by bureaucracy between states introduced in 1961.
The Hague Convention*, in fact, serves to give greater fluidity to the recognition of public acts at an international level and counts 115 states as participants.In essence, the agreement allows citizens to request the validation of their documents issued abroad without having to go to the relevant embassy or consulate, but can be requested from specific internal bodies established by the state. This is how one obtains the Hague Postilla or Apostille, which is a specific declaration in which an appointed official affirms the conformity of the document with the requirements of the law and affixes his stamp as a guarantee.
*The apostille provided for by the Hague Convention replaces traditional diplomatic or consular legalisation. This Convention, by abolishing the obligation to legalise foreign public documents (or Italian public documents for foreign countries), thus facilitates their use in the respective member countries.
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