International Law consultancy | Palermo | Sicily

International Private Law

We have a wealth of experience in international law, that we provide in the service of both our Italian and foreign clients.
We provide qualified multilingual legal counsel and assistance to EU and non-EU citizens, companies and corporations in the areas of Inheritance, Real Estate, Family, Commercial and Corporate Law.

This service is guaranteed by our specific expertise, multicultural and polyglot training and the presence of native speakers, as well as in-depth knowledge of European and international private law, thanks to postgraduate studies such as specialised PhDs and study periods abroad. We are listed among recommended lawyers by the Australian and Canadian Embassy in Italy, as well as the Consulate of the United States of America.

Separation and divorce read more
Successions and wills
Child Custody and Child Support
Debt recovery
Contracts
Acknowledgement of foreign court rulings/Sentences
Cohabitation agreements

Marriage contracts, - Cohabitation agreements - National and international separations - National and international divorces -Settling of the various aspects of divorce (alimony, custody arrangements, compensatory allowance…) - Successions and will drafting - International successions - Pre-naps / Post-naps consultations

Family law matters are often complex and are usually handled during periods of high stress and emotion.

It can be difficult to make life-impacting decisions under such circumstances. For this reason, it is important to have a family law lawyer help you wade through the chaos.

Our team has experienced family lawyer who can be able to help you see the larger issues at play and provide the advice you need to make informed decisions about your future.

If children are involved and you or your ex-partner reside outside of Italy, then the issue of where the children live and what contact arrangements they will have with the non-resident parent will need to be resolved.

Divorce types of legal separation in Italy:

- Consensual separation – With mutual agreement between husband and wife, which is then approved by the court.

- Judicial separation – in these cases, there are often hearings and discussions before an agreement is reached and the judge determines which spouse is responsible for the failure of the marriage.

Divorce in italy, what you need to know

Child custody what you need to know

In particular, we specialise in:

- separation of spouses (consensual or judicial)

- Dissolution of marriage - Divorce

- Dissolution of civil unions

-Drafting of parental responsibility

- Appeals for child support payments

- modification to financial and child-related maintenance in separation or divorce

- modification to child support and/or visiting rights for biological children

- drafting and conclusion of cohabitation contracts

- actions for recognition or disavowal of paternity

- pre-marital / pre-civil union / pre-cohabitation consultations

Inheritance in Italy: how to draw up a valid power of attorney

Are a foreigner or an Italian resident abroad and are called as an heir in Italy?

It is advisable for you to issue a power of attorney to someone who has the practical and material possibility of carrying out a whole series of activities related to the succession in your will, such as accepting or renouncing the inheritance, or researching the real estate, movable property and current accounts that make up the estate.

What is a power of attorney?

Power of attorney is an act whereby a person "delegates" to another person the power to act on his behalf for the performance of one or more legal acts. The power of attorney may be special, i.e. limited to a single act or a specific matter, or general, i.e. allowing the delegate (representative) to take care of all the affairs of the delegating party (represented).

A general power of attorney is granted for an indefinite period of time and remains effective unless one decides to revoke it. Contact us today for further information

Whom should I contact to issue the power of attorney?

If you are an Italian citizen residing abroad and you need to grant power of attorney to a person in Italy, you may contact the competent Italian diplomatic-consular Representation. Alternatively, you can contact a public notary accredited in your country of residence, and arrange to have the apostille affixed to the deed (a certification of validation, which is obtained by means of a stamp from the authority in charge: it serves to certify the quality of the person who signed the deed and the authenticity of the signature itself). Contact us today

If the country of residence is not part of the EU (does not comply with the Hague Convention for the abolition of legalisation), legalisation of the notary's signature must be carried out by the Italian consular representation.

If, on the other hand, you are not an Italian citizen, you must absolutely turn to a notary public, whose power of attorney, in order to be valid and usable in Italy, must always be legalised by apostille. If the power of attorney is written in a foreign language, it will be necessary to have it translated and certified by the Italian consulate.

What information must I provide?

Over time, PALMIGIANO e ASSOCIATI has gained significant experience in the international sphere and for years we have been assisting our Italian clients living abroad and our foreign clients in the preparation of powers of attorney and in the valid procedure for their legalisation at both Consulates and foreign notaries.

To legitimately grant a general power of attorney, you must first go to the consulate notary's office or a public notary's office with an identification document.

You must state your full name and the name of the person to whom you wish to grant power of attorney (first name, surname, date and place of birth, residence and tax code), as well as your express wish to appoint the person as general power of attorney. Contact us today

If you need to grant a special power of attorney for inheritance matters, in addition to providing this information you must specify the subject of the power of attorney and the powers you wish to grant, and also indicate the details of the deceased, including place and date of birth and death.

Transnational Separation & Divorce

Marriages between Italians and foreign nationals occurs more and more often, and consequently, so do transnational separations and divorces involving legal issues related to property and child custody.

When the couple has different countries of origin, the management of a marriage and children can get complicated. As an Italian marrying a foreign partner, one has to consider the consequences of a marriage and of a divorce in Italy as well; although separation should be the last thing on your mind when marrying someone, deciding together where to eventually divorce is a wise choice, which can prevent unpleasant family and financial issues.

International law allows mixed couples to decide which law will apply to an eventual divorce, as long as it is

The law of the state of which one of the spouses is a citizen;
The law of the state in which one of the spouses is resident at the time of the choice;
The law of the first state in which one of the spouses establishes residence after the marriage.

If the couple makes no choice, it will be the law of the first state in which the spouses were resident after the marriage that will regulate the administration of the property; if there is no divorce law in the chosen state, or if equal conditions of access to the procedure are not guaranteed, the law of the country in which the case will be heard will apply.

The Italian divorce law is one of the options to be considered.

Divorce in Italy is 'brief'

In May 2015, Italy introduced the so-called 'short divorce' law, which drastically reduced the time needed to obtain a divorce, that is: only six months in the case of an agreed divorce, one year in cases of disagreement between the parties.

The process still includes the prior separation phase, however:

In the case of separation by mutual consent, the couple can apply for divorce six months after filing the application with the court;
In the case of judicial separation, which occurs when only one member of the couple files an application or if contentious issues arise such as the division of property, the allocation of the family home, child custody or maintenance, the legal separation period is extended to 12 months: after this period, one may validly file for divorce.
Another important aspect to be considered is the property regime.

Unless the spouses decide otherwise, the regime applied in Italy is joint/community property; however, couples are free to choose a different regime, at the time of marriage or at any other time. The alternative is the separate property system.

If one divorces under the joint property regime, the assets are usually divided equally. However, there are exceptions, which should be considered with the help of a lawyer.

Contact us,

Dealing with a transnational divorce can be difficult and stressful, both legally and emotionally. Each case is unique: an experienced international private law solicitor should be able to assist you with the care and consideration you need.

Our firm has handled a wide range of international divorce cases; if you have married a foreign national and need legal advice on divorce in Italy, contact us today for a consultation.
Child custody

In addition to allowing couples to choose the law applicable to their divorce or legal separation, international private law sets out the rules that mixed couples must follow for child custody.

In the event of divorce or separation, it is important to establish whether the children will live with one parent or with both parents on alternating periods. In the absence of agreement between former spouses of different nationalities and residing in different countries, international law regulates custody procedures in the primary interest of the child's welfare.

The criteria for the jurisdiction of the court and the modalities of shared custody set by the Hague Convention, state that the competent court for child custody is that of the country where the child resides permanently and continuously. In the case of refugee children, or if it is not possible to establish the child's habitual residence, the court of the state where the child is because of his or her status will have jurisdiction.

However, there are exceptions.

In particularly complex cases, the competent court may apply to the authority of another to assess the best interests of the child more effectively, requesting it to take measures concerning the child or invite the parents to bring the case before this authority. This is only possible if the court operates in a state where the child is a citizen or where property belonging to the child is located, or if it has jurisdiction to rule on the separation or divorce of the parents, or if it belongs to a state that has a close connection with the child.

Child custody in the European Community

In the European Community, the matter of parental responsibility and custody is governed by Regulation (EC) No 2201/2003, which provides for both the right of the parent to settle in the child's country of residence and the right to take the child to a country other than his or her country of residence for short periods. The regulation identifies the competent court for child custody as the court of the state where the child has his or her habitual residence at the time of the application for custody.

Exceptions are also provided for in this case.

First of all, child custody issues, if related to applications for divorce, separation or annulment of marriage, may be decided by the court having jurisdiction over the application for divorce, separation or annulment. This is possible if at least one of the spouses exercises parental authority over the child and if an agreement exists between the spouses to ensure the child's best interests.

Also for the protection of the best interests of the child, it is possible to apply to the court of a Member State with which the child has a close connection, or which is the place of permanent residence of one of the parents, if both expressly accept the jurisdiction of another court.

In the case of refugee children or children displaced because of disturbances in their home countries, the court of the state where they are located has jurisdiction also in the Community context.

The regulation also lays down rules to settle cases where the child is wrongfully removed or detained.

The courts of the EU country where the child was habitually resident just before the abduction continue to have jurisdiction until the child primarily resides in another EU country.

Contact us, We can help!

Divorces, parental responsibility and child custody are always sensitive issues, from a legal and personal point of view; if mixed couples separate, the complexity increases exponentially.

At Palmigiano e Associati, our lawyers have extensive experience in international private law. We assist both Italian and foreign clients on a regular basis.
If you are facing an international divorce and need legal advice, contact us today for a consultation.