Legal issues Italy

The marriage procedure in Italy for foreigners includes several important steps that need to be considered to ensure your marriage is legally recognized.

 

1. Preparation of documents:

   - Passports: Valid passports of both spouses.

   - Birth certificates: Originals or certified copies.

   - Divorce or death certificates: If either spouse has been previously married, documents confirming the dissolution or death of the previous spouse are required.

   - Nulla Osta: This is a certificate of no impediment to marriage, which can be obtained from the consulate or embassy of your country in Italy. This document confirms that you are allowed to marry according to the laws of your country.

   - Atto Notorio: A notarized statement that there are no legal impediments to the marriage. It is signed by two witnesses and can be obtained at your country’s consulate or in an Italian court.

 

2. Declaration of intent to marry:

   - This declaration is submitted to the local civil registry office in the city where the ceremony will take place. Depending on the location, this declaration must be submitted a certain time before the wedding date, usually 2-3 days in advance.

 

3. Ceremony:

   - A civil ceremony can be held at any officially approved location, either indoors or outdoors. It is conducted by the mayor or another official. If one of the spouses does not speak Italian, the presence of a translator is required.

   - If you plan a Catholic ceremony, it must also meet civil requirements. More time will be needed for the preparation and obtaining of additional documents, including confirmations of baptism, first communion, and other religious rites.

 

4. Registration of marriage:

   - After the ceremony, you will receive an Italian marriage certificate, which is valid and recognized in many countries. However, for it to be recognized in your country, an apostille and/or translation of the document may be required.

 

5. Special cases:

   - Some citizens have additional or specific requirements depending on international agreements between Italy and your country.

 

This process may vary depending on citizenship, place of residence, and other factors, so it is advisable to consult your country's consulate in Italy in advance or use the services of a professional marriage consultant.

Registering the birth of a child in Italy is an important process that involves several steps and requirements, especially if you are a foreigner.

 

Where to register the birth?

The birth of a child must be registered within 10 days after the birth in the local municipality in Italy.

 

What documents are required?

The following documents will be required for birth registration:

- Birth certificate issued by the hospital.

- Passports of both parents.

- Documents confirming the marital status of the parents, if they are not married.

- Nulla Osta (certificate of no impediments), if one of the parents is not an Italian citizen and this document is required by the parent's country of origin.

 

Additional steps for foreign nationals

If both parents are foreigners, they must also register the birth of the child at their country's consulate for the child's citizenship recognition.

 

Special cases

If one of the parents is an Italian citizen, the child automatically acquires Italian citizenship. In this case, it is important to register the child in the Italian civil registry in a timely manner.

 

Legalization and translation of documents

To use Italian documents outside of Italy, such as the birth certificate, they may need to be legalized with an apostille and translated into the language of the country where the document will be used. This is especially important for countries that are not parties to the Hague Convention.

 

Additional rights and benefits

Parents may also apply for various social benefits such as the universal child allowance and maternity allowance. These applications are submitted to the municipality and depend on the family income level.

Registering a business in Italy requires a careful approach and understanding of local legislative requirements. Here are the main steps for successful business registration:

 

1. Choosing the business form

In Italy, you can register various types of enterprises, including sole proprietorships, partnerships, and limited liability companies (S.r.l.). The choice of business form depends on your goals, the size of the business, and management structure.

 

2. Obtaining Permits and Licenses

To start a business, you must obtain all necessary permits. Depending on the type of business, you may need a special license issued by the local municipality or Chamber of Commerce. If you are not an EU citizen, a Nulla Osta certificate may be required to confirm there are no obstacles to registering a business.

 

3. Business Registration

Your business must be registered with the Chamber of Commerce. To do this, you will need to prepare the constitutional documents and register the company in the Commercial Register. You will also need to open a corporate bank account and register with the tax authorities to obtain a taxpayer identification number (Partita IVA).

 

4. Tax Registration

All commercial enterprises in Italy are required to register with the tax authorities and obtain a Partita IVA number. You also need to register for corporate tax, which in Italy is 24%, and possibly other taxes depending on the type of business.

 

5. Social Security and Insurance

You must also register with the social security system (INPS) and the workplace accident insurance system (INAIL), which is mandatory for all employers.

 

6. Additional Steps for Foreigners

Foreign citizens must ensure they comply with the principle of reciprocity, according to which Italian citizens can conduct similar activities in the foreigner's country of citizenship. It is also important to obtain and maintain a valid residence permit, as simple company registration does not grant permanent residency rights in Italy.

 

7. Legal Consultation

Since Italian bureaucracy can be complex and confusing, it is recommended to seek assistance from legal and accounting professionals who can help with registration and compliance with all necessary requirements.

In Italy, a notary is a public official who performs important legal functions, such as certifying contracts, processing real estate transactions, drafting wills, and marriage contracts. Notaries act as neutral intermediaries and ensure the legality and correctness of documents.

 

Choosing a Notary

Foreigners can freely choose a notary in Italy. However, it is important to remember that notary services in Italy are regulated by the state, and the cost of services is fixed. This means that regardless of which notary you turn to, the price for their services will be the same.

 

Documents Required for Notarial Acts

Foreigners must provide the following documents to the notary:

   - A valid passport or identity card.

   - A tax code, which is necessary for all legal actions in Italy.

   - Translated and certified documents, if the original documents are not in Italian. Translations must be done by a sworn translator.

   - In the case of real estate transactions or inheritance - documents proving ownership rights or other legally significant documents.

 

Features for EU and Non-EU Citizens

   - EU Citizens: The process of obtaining notary services for EU citizens is somewhat simpler, as documents issued in EU countries are often recognized in Italy without additional legalization or apostille.

   - Non-EU Citizens: Documents must be legalized and, in some cases, supplied with an apostille in the country of origin. This is especially important for real estate transactions and other significant legal actions.

 

Language Barrier

If you do not speak Italian, you may need a translator during notarial acts. This is especially important as the notary is required to ensure that you fully understand the contents of the documents you are signing.

 

Recommendations

It is recommended that foreign citizens consult with a lawyer specializing in Italian law in advance to avoid potential problems and misunderstandings. It is also useful to find a notary who has experience working with foreign clients and understands their specific needs.

The divorce procedure in Italy includes several stages and may vary depending on the situation, such as the consent of both parties to divorce or the presence of disputes regarding property, child custody, and other aspects. In Italy, there are two main types of divorce: "divorce by agreement of the parties" and "divorce through court proceedings."

 

Divorce Procedure by Mutual Agreement

 

This is the fastest and least expensive way to divorce, when both spouses agree to the divorce and have reached an agreement on all issues related to property, child custody, and alimony. The steps include:

- Filing a joint application: Both spouses file a divorce application in court. The application specifies all the terms of the divorce.

- Court hearing: The judge checks whether the agreement meets the interests of the children and other legal requirements. If everything is in order, the judge approves the divorce.

- Completion: After court approval, the divorce is considered official.

 

Procedure for Court Divorce

 

If the spouses cannot reach an agreement on the terms of the divorce, the process moves to the stage of litigation. The steps include:

- Filing a lawsuit by one of the spouses: One spouse files for divorce in court, stating the reasons for divorce and their demands regarding property, alimony, custody, etc.

- Court proceedings: The court process may include several hearings where the parties present their arguments. The judge may appoint temporary measures, such as temporary alimony or temporary child custody, during the proceedings.

- Court decision: The judge makes a decision on all disputed issues and approves the divorce.

 

Minimum Terms and Conditions

 

Italy requires a certain period of separation before filing for divorce:

- Agreed divorce: At least 6 months of separation.

- Judicial divorce: At least 12 months of separation if the parties do not agree to divorce.

 

Property Issues and Alimony

The court may consider issues of property division and alimony for children and the spouse. In Italy, the principle of "division by fairness" applies, meaning that the judge can allocate property based on each spouse's contribution to family life, the needs of the parties, and other factors.

 

Child Custody

Courts in Italy always consider the best interests of the children when making decisions about custody and alimony. Generally, courts strive to ensure that both parents participate in the child's life if possible.

 

Legal Services and Consultations

It is recommended to seek help from a lawyer specializing in family law to avoid mistakes and misunderstandings during the divorce process. A lawyer can assist in preparing all necessary documents and representing interests in court.

 

 

Divorce for Foreigners in Italy has its own peculiarities, which can complicate the process depending on the nationality of the spouses, their place of residence, and the presence of international agreements between countries.

 

Applicable Law

- Citizenship and Residence: In the event of a divorce between foreigners in Italy, the laws of both Italy and the country of which one of the spouses is a citizen may apply. The European regulation allows the choice of applicable law if both spouses agree. In the absence of such an agreement, the laws of the country where the couple resides at the time of filing for divorce apply.

- Residents and Non-residents: If one of the spouses is not a resident of Italy, the process may be delayed due to the need to perform additional formalities, such as obtaining legalized documents or their translation.

 

Procedural Features

- Jurisdiction: Italy recognizes its jurisdiction if at least one of the spouses resides in Italy or if the divorce is filed based on the mutual consent of the spouses. If both spouses live outside Italy but are citizens of Italy, the divorce can also be filed in an Italian court.

- Translation of Documents: All documents submitted to the court must be translated into Italian. If the documents are originally in another language, they must be translated by a certified translator.

 

Recognition of Divorce Outside Italy

- International Recognition: A divorce formalized in Italy is generally recognized in other countries; however, there may be difficulties in recognizing the divorce in the country of origin of one of the spouses. In such a case, the legalization of the Italian court decision may be required.

- Additional Requirements: Some countries may require additional procedures for recognizing a divorce formalized abroad, such as registering the divorce at the consulate or obtaining an apostille.

 

Immigration Consequences

- Visa and Residence Permit: If one spouse's residence permit was issued based on marriage, divorce may affect their legal status in Italy. In some cases, it may be necessary to change the category of the residence permit or apply for a new one.

 

Custody and Alimony

- If there are children in the marriage, custody and alimony decisions can become complicated, especially if one parent plans to leave Italy after the divorce. Italian courts strive to ensure that both parents continue to participate in the child's life, which may require special agreements or court decisions.

 

It is recommended to involve professionals, such as family law attorneys, who have experience with international divorces to avoid potential complications and misunderstandings in the divorce process.

Law Firms and Private Lawyers

The most direct way to get legal consultation is to contact a lawyer. In Italy, there are many law firms specializing in various areas of law, including immigration, family, commercial, and criminal law. To find a lawyer, you can use the following resources:

   - Consiglio Nazionale Forense (National Council of Lawyers) — this is the official website where you can find registered lawyers throughout Italy.

   - Ordine degli Avvocati — each region and major city has its own bar association where you can get information and recommendations on choosing a lawyer.

 

Free Legal Aid

If your income is below a certain level, you are entitled to receive free legal aid in Italy. This includes defense and representation in courts, as well as consultations. To access this service, you must:

   - Verify your income with documents (e.g., tax returns).

   - Contact the local court or social protection service to apply for free legal aid.

 

Consultations in Consulates and Embassies

The embassies and consulates of your country in Italy may provide legal assistance or refer you to a lawyer who specializes in working with citizens of your country. Many consulates offer lists of lawyers who speak your native language and are familiar with international law.

 

Online Platforms

In Italy, there are several online platforms where you can receive legal advice remotely. These platforms often offer both free and paid consultations. For example:

   - Avvocato360 and Consulenza Legale Italia offer a wide range of legal services, including online consultations.

   - Rocket Lawyer and Altalex also provide access to legal resources and consultations.

 

Associations and Non-profit Organizations

Some non-profit organizations in Italy provide free or discounted legal assistance for certain categories of people, such as migrants, refugees, victims of violence, and so on. 

 

Legal Clinics at Universities

Many law faculties in Italian universities offer free consultations as part of their educational programs. 

 

Tips for Choosing Legal Assistance:

- Check the lawyer's qualifications: Ensure that the lawyer you choose is registered with the local bar association.

- Inquire about service costs in advance: Legal services can be expensive, so it is important to clarify the cost in advance and the possibility of discounts or free assistance.

The translation of official documents in Italy requires compliance with a number of strict rules and procedures, especially if these documents are to be used for legal or administrative purposes. 

 

Sworn Translations 

In Italy, official translations must be carried out by sworn translators who are registered with Italian courts. These translations are then certified in court or by a notary. The process includes the following steps:

- Choice of Sworn Translator: It is necessary to find a translator accredited by the Italian court. A list of sworn translators can be obtained at the court or on its official website.

- Certification of Translation: After translation, the document must be certified by the translator and authenticated in court. The translator takes an oath that the translation is accurate and complete.

 

Apostille and Legalization

If the original document was issued outside Italy, legalization or an apostille may be required for its recognition as legal in Italy. The procedure depends on the country where the document was issued:

- Apostille: For countries that signed the Hague Convention of 1961, the document must be certified with an apostille in the country of origin.

- Legalization: For countries that did not sign the Hague Convention, the document must be legalized at the Italian consulate in the country of origin.

 

Multilingual Documents

Italy recognizes multilingual document forms provided by the Vienna Convention of 1976. Such documents are exempt from legalization and translation requirements if they are drafted in one of the official languages of the convention, including Italian.

 

 

For accurate information and consultation, it is recommended to contact a professional sworn translator or specialized agencies that handle legal translations and are knowledgeable about all nuances of Italian legislation.

Structure and Levels of Courts

The Italian judicial system is divided into several levels:

   - Magistrates' Courts: Handle minor civil and criminal cases.

   - Tribunals: The main level of jurisprudence, dealing with more serious civil and criminal cases.

   - Courts of Appeal: Review appeals on Tribunal decisions.

   - Court of Cassation: The highest court in Italy, dealing with reviewing the legality of judicial decisions.

 

Features of the Criminal Process

   - Adversarial System: Unlike many other European countries, Italy employs an adversarial system of criminal justice where the prosecutor and defense lawyer present the case before a judge.

   - Presumption of Innocence: The accused is considered innocent until proven guilty.

 

Procedural Features

   - Written Proceedings: Legal proceedings in Italy are primarily written, meaning cases are mostly decided based on written documents and statements.

   - Transparency: Court hearings are generally open to the public, except in cases where confidentiality of the parties or public order requires closed sessions.

 

Appeals and Cassation

   - Appeals: Parties can file an appeal on Tribunal decisions in the Courts of Appeal, where the case will be reviewed.

 - Cassation: After the appeal, the parties may apply to the Cassation Court for a review of the case for compliance with the law.

 

International Aspects

Italy recognizes the jurisdiction of the International Criminal Court and actively participates in international agreements concerning justice.

Buying real estate in Italy is a complex process that requires strict adherence to legal and administrative procedures. 

 

1. Preliminary Stage: Choosing the property

 - Property search: The process usually begins with the search for a property, which can be conducted through real estate agencies or independently through various online platforms.

 - Assessment of condition and value: Before purchasing, it is important to assess the condition of the property and verify its compliance with your requirements. This may include building inspection, checking the property documents, as well as valuation of the property.

 

2. Reservation and offer to purchase

 - Letter of intent: This is an offer to purchase that the buyer sends to the seller through a real estate agent. The document specifies the main terms of the deal, such as price and deadlines.

 - Deposit: After the seller accepts the offer, the buyer makes a deposit, which usually amounts to 10% of the property value.

 

3. Signing a preliminary contract 

 - Preliminary contract: This is a binding contract that sets out all the terms of the future deal. At this point, aspects such as the timings for signing the main contract, additional conditions, tax payment, and more can be agreed upon. The contract is often notarized.

 - Payment of a security deposit: At this stage, the buyer usually makes a security deposit, which can amount to 20-30% of the property value.

 

4. Legal check 

 - Document verification: The legal check includes verifying the ownership rights, any existing debt obligations, the property's compliance with building codes, as well as checking for any encumbrances or restrictions.

 - Notary: In Italy, the notary plays a key role in the real estate purchase process. The notary certifies the transaction, checks the title for any issues, manages the registration of the deal, and acts as a guarantor of the legality of the entire procedure.

 

5. Conclusion of the Main Contract

   - Main Contract: This is the main sales contract signed in the presence of a notary. After signing the document, the buyer pays the remaining amount, and ownership is transferred to the new owner.

   - Transaction Registration: The notary registers the transaction in the local land cadastre and ensures changes are made in the real estate register.

 

6. Taxes and Fees

   - Property Purchase Tax: Depending on the type of property (new or second-hand) and the status of the buyer (resident or non-resident), the tax rate may vary.

   - Notary and Agent Fees: The buyer must also pay for the notary services and agency fees, which amount to about 1-3% of the property value.

 

These steps emphasize the importance of thorough preparation and legal support at all stages of the transaction. Engaging an experienced lawyer and notary significantly reduces risks and helps avoid potential difficulties.

 

 

Property purchase in Italy by foreigners has its own peculiarities that are important to consider to avoid legal and financial complications.

 

Taxes and Fees

- Property Purchase Tax: For non-residents, the tax rate is usually 9% of the cadastral value of the property if the property is not their primary home. If the buyer intends to become a resident and declares the property as their primary home, the tax rate is reduced to 2%.

- Annual Taxes: Owning property entails paying annual taxes such as IMU (Imposta Municipale Unica) and TARI (waste disposal tax).

 

Residence Registration and Resident Status

- To declare a property as a primary home and, consequently, enjoy tax benefits, it is necessary to register at the place of residence within 18 months of purchase. This also grants access to certain rights and privileges associated with residing in Italy.

 

Legal and Administrative Particularities

- Engaging a Lawyer: Foreigners are strongly advised to hire a lawyer specializing in Italian law to accompany the transaction. This is especially important for verifying the legal integrity of the property, document preparation, and communication with sellers.

- Opening a bank account: Foreigners must open an account in an Italian bank to conduct all financial transactions related to the purchase of real estate, including payment of taxes and utility bills.

 

Checking for permits

- It is important to ensure that the property has all the necessary permits for construction and use, especially if it concerns renovated properties. Lack of permits can lead to legal problems and fines.

Custody 

Custody in Italy concerns both temporary and permanent care of children. In the event of divorce or separation of the parents, the court makes a decision about the form of custody based on the best interests of the child. Italian legislation supports the concept of joint custody (affidamento condiviso), where both parents retain equal rights and responsibilities regarding the child. However, in some cases, sole custody (affidamento esclusivo) may be granted to one parent if it is considered best for the child.

 

Key points:

- Child's interests above all: The main principle guiding the court in making custody decisions is ensuring the child's interests.

- Involvement of both parents: Even with sole custody, the other parent usually retains the right to communicate with the child.

- Role of social services: In complex or disputed cases, social services may conduct an investigation to help the court make a decision.

 

Adoption 

Adoption in Italy is governed by the International Adoption Law, as well as rules of domestic legislation. Adoption can be national or international.

 

National adoption:

- Who can adopt: Adoptive parents can be married couples who have been married for at least three years, as well as single individuals if the court considers it in the best interests of the child.

- Age restrictions: Adoptive parents must be at least 18 years older than the child, but no more than 45 years older.

- Procedure: The adoption process includes several stages, such as filing an application, evaluating the living conditions of the adoptive parents, and mandatory meetings with the child.

 

International Adoption:

- Role of the Central Authority: The Central Authority responsible for international adoption is the Commission for International Adoption.

- Partner Countries: Adoption is possible only from countries with which Italy has bilateral agreements or which are participants in the Hague Convention on the Protection of Children.

- Legalization and Integration: The process includes stages of legalization, translation, and integration of the child into the new family.

 

Features for Foreigners

Foreigners residing in Italy can also participate in guardianship and adoption processes, but must comply with Italian legal requirements. For example, if a foreign citizen wants to adopt a child in Italy, they must have legal residence in the country and meet age and other requirements.

 

Legal Assistance

Guardianship and adoption procedures often require legal support to ensure compliance with all requirements and the protection of the rights of the child and adopters. It is recommended to seek consultation from an attorney specializing in family law to navigate all stages of the process without legal complexities.

 

Thus, guardianship and adoption in Italy are complex processes oriented towards the protection of the rights and interests of the child. Regardless of citizenship or status, each case requires an individual approach and adherence to strict legal procedures.