The family relationships in Italy are regulated by Law no. 218/1995 which stipulates the conditions for getting married, the legal separation and dissolution of the marriage, filiation, legitimation and recognition of a child, the relationships between children and parents etc.
A marriage is considered to be legal if it is concluded according to the law, in a civil ceremony. If the two spouses come from different countries, the relationship between them is regulated by the law in the country where they mainly live. The same law is applicable also for the properties of the two spouses, but they are allowed to decide if they will choose to respect the law from the country of residence or nationality of one of them. In order to choose a specific law for their property relations, the two spouses must sign an agreement.
In case of separation or dissolution of marriage, it is applied the common law of the spouses or the law in the country where the spouses live or the Italian law.
A child is considered legitimate, according to the law in the country where any of his parents is a citizen. The law applicable in this case is the one that is in force at the moment of the birth. For the acknowledgment of a child will be used the law applicable for the parent in this case, if it is more favorable.
The main provisions about the family issues are to be found in the Italian Constitution that came into force in 1948. The Italian authorities protect the rights of the families and offer benefits for the large families. Even if a civil marriage is not recognized by the Italian church, it is the only one valid according to the law. Before they get married, the two spouses can sign a pre-nuptial agreement related to their wealth.
The divorce can be pronounced after a period of three years of separation. There are few solid reasons for divorce that are mentioned by the law, such as: incest, conviction for one of the spouses etc.
If you want to know more details about the Family Law or other regulations, you may contact our law firm in Italy. Our Italian lawyers offer you representation in case of divorce or other cases related to family issues.
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