Separation or divorce is always difficult. Where your life and finances span more than one country, the process can become significantly more complex.
Different legal systems can apply entirely different approaches to finances and arrangements for children. If your situation involves England and Italy, our expert family lawyers can guide you and your family through these complexities, ensuring you can make informed decisions and easing the emotional toll at this already challenging time.
Our internationally recognised divorce lawyers are highly experienced in working out the best possible course of action following cross-border separations involving England and Italy. We understand how challenging this time can be and work proactively to reduce conflict and achieve a fair outcome for your family. Every situation is unique, so we collaborate with other experts in England, Italy and beyond to provide the best support for your circumstances.
Together, our expert team can support you by:
International marriage contracts are challenging, especially when dealing with different legal systems like those of England and Italy.
Our team specialises in advising on the best choices for prenuptial and postnuptial agreements, ensuring they have the best chance of being upheld internationally so that if they are ever actioned, you and your family get the right support. Whether you already have an Italian marital contract or are planning to get married in Italy, we will guide you practically and compassionately through the process.
As well as drafting agreements, we work with either our own Private Client expert lawyers or your trusted advisors to provide the comprehensive advice you need on tax and succession planning to ensure a secure future for your family.
For couples with ties to both England and Italy, it's crucial to understand the differences between English prenuptial agreements and Italian marriage contracts.
In England, prenuptial and postnuptial agreements are detailed contracts entered into by spouses before or after their wedding to outline their rights and obligations in the event of a divorce. While not automatically legally binding, English courts are increasingly likely to uphold these agreements, provided they are fair and both parties entered them freely, understanding the implications. Prenuptial agreements are particularly useful for protecting assets such as family inheritances, business interests, or significant personal wealth.
In contrast, Italian marriage contracts involve choosing a matrimonial regime that dictates how assets will be managed and divided from the day of marriage. These contracts are binding under Italian law and are upheld by Italian courts during divorce proceedings provided that they do not undermine the proper application of the law. If an Italian couple moves to England, the English courts may apply different principles in determining whether their Italian marriage contract is enforceable. This can be a significant shock for Italian nationals.
An English prenuptial agreement can provide a layer of protection that an Italian marriage contract might not offer in the event of a divorce in England. Conversely, an Italian marriage contract ensures clarity and enforceability within Italy.
Couples need to consider having agreements that are tailored to their specific circumstances and seek legal advice to ensure these agreements are recognised in both countries.
Often the most challenging aspect of separations involve decisions about children. Where they live, how much time they spend with each parent and financial support are all highly emotive issues. These cases must be handled especially sensitively. With our extensive experience in this area, we will support you in achieving the best course of action for your family as peacefully as possible.
Proceedings will most likely take place where the child or children live at the time of issuing. In cases where there are English elements to the situation, we will advise on successful strategies for negotiation or before the English court. If the child or children are Italian residents, we can refer you to leading Italian family lawyers, with whom we regularly work, so that any Italian proceedings can be handled effectively for you.
When it comes to highly emotional child relocation disputes, we provide early strategic advice on the right steps to maximise your chances of successfully bringing or defending an application to relocate children.
Our team of specialist family lawyers are here to support you if you're facing issues related to jurisdiction. Speak to our team today.
Our Italian-speaking Partner Melissa Lesson regularly represents Italian clients based both here and in Italy and is recognised in legal directories for her expertise in cross-border work with Italy. She regularly works with lawyers in Italy, particularly in Milan, where she has also spoken at conferences about her cross-border work.
Our Anglo-Italian family lawyers regularly advise on a wide range of family law issues from preparing prenups and marriage contracts for Italian couples planning to move to England to cross-border children cases where a parent wants to relocate back to Italy (or England) following a separation. Whether it’s advice on financial settlements or even adoption or surrogacy arrangements, you are in good hands with our team.
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