REGISTRATION OF FOREIGN DIVORCES IN ITALY

Italian Consulate: An Italian citizen who is divorced in [a foreign country], in order to remarry and not be guilty of bigamy in Italy, has to provide an acknowledgement of the divorce in Italy.

From January 1, 1997 a simplified procedure has been in force: the affidavit from a lawyer is no longer required. The verdict, once translated, is sent directly from the Embassy to the Italian Municipality responsible for the transcription.

The interested party will have to produce the following documents issued by the [foreign]authoritie

• A declaration from the High Court of [the foreign country] stating that “no appeal against the verdict was lodged within 18 days”, thereby saying that the same “has been passed in judgement”.
• Agreement relating to the property settlement of the divorce and the relevant translation;
• Moreover, the concerned party will have to give the Embassy a declaration that takes the place of the original document certifying that:

1. The verdict of divorce is not against another verdict pronounced by an Italian judge as passed in judgement;

2. Is not pending trial before an Italian judge for the same reason as the case abroad;

3. In short, that the relevant Italian Court of Appeal has not rejected the application of the affidavit regarding the abovementioned verdict.

4.  Finally, it must be specified that this simplified procedure is also applicable to foreign verdicts preceding 31st December 1996.

WARNING: The Civil Offices of the Italian Municipalities can, in cases where they are unable to directly transcribe the verdict, refer it to the Republic’s Attorney’s Office for further examination, or else refuse to transcribe it. In this last case, our countryman has the chance to refer to a lawyer (no longer the Consular Authority) for an affidavit of the verdict.