Divorce in England is a significantly leaner and faster procedure than the Italian or other countries where it is necessary to first start a legal separation (not simply physical), to get to divorce only later.

In order to obtain a divorce in England the spouses must be in agreement (divorce by mutual consent) and it is not necessary for them to physically go to England, or to appear before the English Court. A delegation to a local lawyer is sufficient to represent the spouses and register for them a domicile in England. Therefore it is not necessary to start a preventive separation or divorce practice in their country of origin, they pass directly from marriage to divorce. The minimum time required to obtain a divorce in England is about 6-7 months from the start of the procedure.

Before proceeding with the application for divorce, the spouses must agree on every aspect concerning children, food and property.

The Petition is the legal act which must be completed and submitted by the lawyer to the court. The apostillate certificates that will be requested will be attached. If there are no minor children, the applicant’s signature will suffice, otherwise that of the two spouses is required.
After a few weeks, the applicant will receive a document from the court, the certificate of entitlement, which certifies the existence of the requirements for divorce. After about a month and a half after obtaining this certification, the petition is presented to request the definitive sentence which, once issued, becomes final. The “Decree absolute” or divorce sentence is issued after a few weeks.
The latter can be transcribed in Italy, without having to have it recognized by any court.
Once the sentence has been issued, the lawyer will proceed to apostille and have it translated into Italian. At this point it is enough to go to the Municipality and register the divorce.

All these activities can be carried out by the ILC & Associates Law Firm itself, thanks to its British and Italian offices.

As we know, Italian communities are very large in many foreign countries, and especially in England. Italians are born or moved to the UK and more and more are the requests we receive to follow transactional divorces.

ILC & Associates guarantees a 360 ° service in this field, relieving the client from any task and procedure related to divorce, avoiding the inconvenience of going personally and frequently to one of the two countries to manage such practices.

Contact us now on + 44 (0) 20 7038 8599 (if you are in the UK), on +44 (0) 7517460844 to speak directly in Italian, or at +39 091 6162771 (if you are in Italy) for a consultation free telephone or send us an e-mail immediately to ilc@ilclawyers.com to which we will reply as soon as possible.

2 Comments. Leave new

  • Peter Pennington Legh
    30 December 2019 11:57

    My wife and I have been separated for over two years. Since 2016 I live 6 months of each year in my personal house in Italy. For the last two years I have spent 4 months in South Africa with short returns to UK for medical consultations. During these visits to England which aggregate to less than two months I separately live in a part of the marital home. Aged 70 and with two incurable and terminal diseases I am seeking a divorce – which my wife of nearly 50 years who is domiciled and ordinarily resident in the marital home in UK may oppose – although before my diagnosis she had petitioned for a divorce in UK for irretrievable breakdown. This was withdrawn on diagnosis. There are no dependants
    My question is can I divorce in Italy and if so are the hurdles more or less than in UK and are results in the Italian judiciary preferable than those in UK for the petitioner.

    Reply
  • Peter Pennington Legh
    30 December 2019 11:57

    My wife and I have been separated for over two years. Since 2016 I live 6 months of each year in my personal house in Italy. For the last two years I have spent 4 months in South Africa with short returns to UK for medical consultations. During these visits to England which aggregate to less than two months I separately live in a part of the marital home. Aged 70 and with two incurable and terminal diseases I am seeking a divorce – which my wife of nearly 50 years who is domiciled and ordinarily resident in the marital home in UK may oppose – although before my diagnosis she had petitioned for a divorce in UK for irretrievable breakdown. This was withdrawn on diagnosis. There are no dependants
    My question is can I divorce in Italy and if so are the hurdles more or less than in UK and are results in the Italian judiciary preferable than those in UK for the petitioner.

    Reply

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