Family Law and Succession Law

The Firm deals with all family law and succession law matters both in national cases and in cross-border disputes.

Family law is the branch of civil law (see Civil Law) that deals with:

• adoption (national and cross-border);

• birth;

• child custody (national and cross-border);

• child support (national and cross-border);

• divorce (national and cross-border);

• marriage (national and cross-border);

• separation (national and cross-border);

• and any other issues affecting families.

Recently, some new areas fall under the family law umbrella, including:

• ADR in legal issues affecting families;

• artificial conception;

• legal recognition and protection of cohabiting couples rights;

• in vitro fertilisation;

• legal recognition and protection of same-sex personal live-in relationship rights wherein the parties are not legally married;

• surrogate motherhood.

Recently, the Italian Parliament passed a new law to recognize the rights of same-sex civil personal live-in relationship wherein  the parties are not legally married (see Italian law no. 76/2016 ‘Regolamentazione delle unioni civili tra persone dello stesso sesso e disciplina delle convivenze’ in www.governo.it  in Italian language)

When the two spouses wishing to divorce are different nationalities, have lived in different European Union countries during their marriage or no longer live in the same European Union country, they need to know to which courts or authorities they must apply and where these courts are located. In European Union, there are rules for working out to which court an application for divorce must be filed when the couple separates (see the Regulation concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility and the Regulation on the law applicable to divorce and legal separation).

Besides the separation of the spouses, any divorce will lead to a reorganisation of the relationship between each of them and any children they have in common. Any divorce will also lead to a division of the assets owned in common by the spouses, and if necessary to the payment of a contribution or maintenance by one spouse to another, or to support the children.

Children’s rights are one of the top priorities of Italian family law and European Union family law. When the spouses divorce or separate, decisions must be made on how the responsibility for their children is exercised in future and, above all, who is to have custody. Parents must look after their children, usually in the form of maintenance payments, depending on who has custody of the children. As a parent, you should also be aware of your rights and obligations related to a child’s removal to another country and to family benefits.

Therefore, international couples and cross-border disputes are on the increase. This increase is having a significant impact on legal advice in any issues affecting families, which demands a good knowledge of European Union law and international law. We advise our Clients not only in national law cases but also in cross-border families’ issues.

In Italy, dispositions of property upon death can be drafted only by means of a will. Joint wills and agreement as to future successions are not permitted.

Testamentary dispositions can take the form of either: designation of an heir or legacy. Testamentary dispositions do not need to be registered. If there is no will, the rules on legal succession in the Italian Civil Code apply.