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T.DePas
T.DePas, Attorney
Category: European Law
Satisfied Customers: 456
Experience:  Solicitor - Ph.D. Doctor Europaeus in EU law
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Hi I would like to enquire about registering a divorce in

Resolved Question:

Hi
I would like to enquire about registering a divorce in Italy, I was born in the uk to Italian parents who also registered my birth in Italy becoming an Italian subject. In 1982 I married here in the uk and registered my marriage over in Italy and in 2011 I was divorced, however I have not registered this in Italy and I have been told that in order to deal with my late father's estate in Italy I would need to do this and receive a codice fiscale is this correct I thought as Italy and uk are in the EU it would count as one. many thanks.
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 : Hi
Abogado3044 : You have to manage all of that in the civil register of the closer italian consulate in the country you reside
Abogado3044 : In order to get the divorce you need, obnviuly to record the marriage there
Abogado3044 : If you are not filled as a married person you are not going to get the divorce register
Abogado3044 : If you are register as a married person you need to send them the divorce sentence and the will inscribe the divorce in the italian civil register
Abogado3044 : I will be here if needed
Abogado3044 : Thank you
Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for your inquiry. I am an Italian attorney and I am more than happy to help you with my opinion.

Could you please specify if your father died before or after your divorce and if your wife was a potential heir of your father?

I look forward to your response.

Best,

Tiziana
Customer: replied 1 year ago.
hi my father died on the 15 April 2013 and my divorce was finalised in September 2011. My father did not leave an Italian will.
Regards
Silvia
Expert:  T.DePas replied 1 year ago.
Dear Silvia,

The procedure for the transcription of the Divorce decision issued by a Court of another Member State is described by EU Regulation 2201/2003 and by the following two internal acts: l. 218/1995 and D.P.R. n. 396/2000. These provide for the automatically recognition in Italy of the Decision of divorce issued in another Member State. This means that your divorce is automatically valid in Italy. Nonetheless you still need to register the divorce at the competent Consulate of the foreign country where you reside not for your divorce to be valid in Italy, but for you to have the possibility to get married again.

I would suggest you to register your divorce because it could be useful especially if you want to get married again in future.

Nonetheless, this registration is meaningless for you to be able to receive the inheritance of your father because you had been already divorced for two years when your father died. As a consequence, your ex husband would not have any power to claim for any right on the inheritance (which anyway he wouldn't have even during the marriage) because your divorce is automatically valid in Italy and the registration has to be made only to make public your new status.

I hope this helps. If you are happy with my answer, please do not hesitate to rate it positively and agree for a bonus. Just like this I can get paid for my job without any extra charge for you with the amount you have already deposited.

Of course I remain at your complete disposal should you need any further information.

Best,

Tiziana

T.DePas, Attorney
Category: European Law
Satisfied Customers: 456
Experience: Solicitor - Ph.D. Doctor Europaeus in EU law
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