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T.DePas
T.DePas, Attorney
Category: European Law
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Experience:  Solicitor - Ph.D. Doctor Europaeus in EU law
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hi My sister was married in Italy, later got divorced in Yemen,

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hi
My sister was married in Italy, later got divorced in Yemen, they were both resident in Yemen. Maha my sister later got involved with her xhusband's friend Maurizio and lived with him for 8 years and got married to Mauriio in Yemen 3 years ago.
The marriage was done according to the Yemeni laws. Maha has dual citizen, Italian and Yemeni. Maurizio is Italian.

Last month Mauizio died while scuba diving. Now Maurizio's lawyer has dinied Maha any right, claiming that in zitaly she is still married to her xhusband Marco.

She has been with Maurizio 13 years in Total, married last three years.
His family and his lawyers have taken over all the assets.
Submitted: 1 year ago.
Category: European Law
Expert:  José M. replied 1 year ago.

Abogado3044 :

Hi

Abogado3044 :

I am sorry to have to say that the lawyer of Maurizio is right and she has any right in Italy, as long as she never inscribe the divorce there

Abogado3044 :

In my opinion to contract an attorney to fight for it its just lossong time and money

Abogado3044 :

Legaly the marry in Yemen its ilegal as long as he could not do it until he inscribe the divorce in Italy

Abogado3044 :

So, now she can to take legal action from an ilegal wedding

Abogado3044 :

Sorry for the bad news

Expert:  T.DePas replied 1 year ago.
Dear customer,

Thank you for contacting JustAnswer and to request me.

Could you please tell me where Maurizio's assets are mostly situated?

I look forward to hearing from you.

Best,

Tiziana
Customer: replied 1 year ago.
Maurizio was a resident in Yemen, his assets are in Itly and I think Malta, and Djibouti
Expert:  José M. replied 1 year ago.
Hi

Its no matter where the propieties are.
The matter is that the right of the first wife are first because the second wedding its ilegal
Thank you
Customer: replied 1 year ago.
There is no first wife. My sister married her first husband in Italty and divorced him in Yemen. She married her second husband in Yemen. She has dual citizen of Yemen.Italy.
Expert:  José M. replied 1 year ago.
Well, the matter is that she never inscribe the divorce
Legaly she is unmarried with him because the wedding with him in yemen its ilegal
Customer: replied 1 year ago.
I thought article 28 says people can get divorced and can get married in the country they resided.
Expert:  José M. replied 1 year ago.

Yes they can, of course, but in order to make it legal they have to inscribe the divorce too

The main problem in your case its that for italian law he is still married with his first wife

Customer: replied 1 year ago.
she divorced him legally in Yemen.
Expert:  José M. replied 1 year ago.

I have no doubts about it

But They MUST to inscribe the divorce in Italy in order to be legal

As they did not do it, the second wedding its ilegal

Customer: replied 1 year ago.
thank you I am waiting an opinion of the other lawyer.
Expert:  José M. replied 1 year ago.

Ok, Thank you

Expert:  T.DePas replied 1 year ago.

Dear customer,

 

In Italy, your sister's situation is regulated by Article 46 of l.(NNN) NNN-NNNN which rules upon any international private situation, included inheritance matters.

 

As for the assets which are situated in Italy, this disposition unfortunately states that successions are regulated by the law of the State of which the testator is a national. As a consequence, if Maurizio was only Italian, his inheritance would be ruled under Italian law.

 

Under Italian law, your sister would have the right to inherit 50% of Maurizio's assets. To start the procedure, if anybody has not done it yet, you should first transcribe his death in the civil register of the commune (Comune) where Maurizio has last resided in Italy or at the closest Italian Consulate.

 

Under Article 65 of the same law, the foreigner decisions which state upon separation and divorce have direct effect in Italy without any further need to be recognized by the Italian judiciary. It means that a divorce decision taken in Yemen is fully legal in Italy.

It is true though that you need to transcribe the decision in the civil register where the marriage with your first husband is registered (it is called "procedura di annotazione del divorzio nei registri dello stato civile"). You can do it at any time and you need to present the following documents:

 

- the transcript of the decision of divorce;

- an official translation of the same.

 

The transcription has not a constitutive effect but a merely certifing effect (Quote Opinion of Consiglio di Stato n. 621 1/02/2008).

 

After doing this, you can transcribe your marriage with Maurizio, even post mortem.

 

This is the law. Nonetheless, the practice migh be much less clear and I would suggest you to insist to find another lawyer in Italy who can take care of your case. There are many steps to go through and the administration does not intepret the law always in the correct way, but I am confident that your sister might finally be recognized her rights.

 

This is a very well known international law firm which headquarter is in Italy and which specilizes on the subject and you might want to consult:

http://www.legalsl.com/it/

 

I hope this helps. If you are happy with my legal opinion, I would be very much grateful if you could rate it positively so that I can get compensated for my time without any extra charge for you as only the amount you have already deposited would be used.

 

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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