This translation is unofficial. We are not responsible for any errors or ambiguities. The Italian text always prevails.

ITALY Family Law

FAMILY LAW -- WHICH COUNTRY’S LAW APPLIES? 

Law 218/95 of May 31, 1995 

CHAPTER IV – FAMILY RELATIONSHIPS

Article 26. Promise of Marriage.

1. The promise of marriage and the consequences of its breach shall be governed by the common nationality of the betrothed or, failing this, by Italian law.

Article 27. Conditions to Contract Marriage.

1. The capacity to marry and the other conditions to marry shall be governed by the domestic law of each of the betrothed at the time of marriage. This is without prejudice to the unmarried status that either betrothed may have acquired following an Italian final judgment or a final judgment recognized in Italy.

 Article 28. Form of Marriage.

1. Concerning its form, marriage is valid if it is so regarded by the law of the place of the celebration or by the domestic law of at least one of the betrothed at the time of celebration or by the law of the State in which both betrothed were resident at that time.

Article 29. Personal Relations between Spouses.

1.                  Personal relations between the spouses shall be governed by the domestic law common to them.

2.                  Personal relations between spouses with different citizenship or several citizenships in common shall be governed by the law of the State in which married life is mainly organized.

Article 30. Proprietary Relations between Spouses.

1.                   The proprietary relations between spouses shall be governed by the law applicable to their personal relations. However, the spouses may agree in writing that the proprietary relations between them be governed by the law of a State of which at least one of them is a national or in which at least one of them resides.

2.                  An agreement between the spouses as to the applicable law is valid if it is so considered by the chosen law or by the law of the place in which the agreement was entered into.

3.              The regulation of such relations can be asserted vis-à-vis third persons only if the latter had knowledge thereof or were ignorant of it by reason of their negligence. With respect to real rights in immovable property, they can be asserted only in those cases in which the forms of publicity described by the law of the State where the property is located were complied with.

Article 31. Legal Separation and Dissolution of Marriage.

1.                  Legal separation and dissolution of marriage shall be governed by the common domestic law of the spouses at the time of the petition for separation or dissolution of marriage. In its absence, the law of the State in which married life is mainly organized shall apply.

2.                  Legal separation and the dissolution of marriage, if not contemplated by the applicable foreign law, shall be governed by Italian law.

Article 32. Jurisdiction in Matters of Nullity, Annulment, Legal Separation and Dissolution of Marriage.

1. In respect of nullity, annulment, legal separation and dissolution of marriage, Italian jurisdiction shall apply not only in the cases provided for in Article 3, but also when either spouse is an Italian citizen or when the marriage was celebrated in Italy.

Article 33. Filiation.

1.                  The status of a child shall be determined by the domestic law of the child at the time of birth.

2.                  A child is legitimate if it is so considered by the law of the State of which either parent is a national at the time of the child’s birth.

3.                  The domestic law of the child at the time of its birth shall govern the conditions and the effects of the ascertainment or challenge of the status of the child. The status of legitimate child, acquired pursuant to the domestic law of either parent, can only be challenged according to such law.

Article 34. Legitimation.

1.                  The legitimation of a child by a subsequent marriage of its parents shall be governed by the domestic law of the child at the time the legitimation occurs or by the domestic law of either parent at that time.

2.                  In other cases, legitimation shall be governed by the law of the State of which the parent with respect to whom the child is legitimated is a national at the time of the petition. Where a legitimation is intended to take effect after the decease of the legitimating parent, the citizenship of the latter shall be taken into account at the time of his decease.

Article 35. Recognition of Natural Child.

1.                  The conditions of the acknowledgment of a natural child shall be governed by the domestic law of the child at the time of birth or, if more favorable, by the domestic law of the person effecting the acknowledgment, as at the time of the acknowledgment.

2.                  The parent’s capacity to effect the acknowledgment shall be governed by the parent’s domestic law.

3.                  The form of acknowledgment shall be governed by the law of the State in which the acknowledgment is effected or by the law regulating its substance.

Article 36, Relations between Parents and Children.

1. The personal and proprietary relations between parents and children, including parental authority, shall be governed by the domestic law of the child.

Article 37. Jurisdiction in Matters of Filiation.

1. Filiation and the personal relations between parents and children shall be subject to Italian jurisdiction not only in the cases provided in Articles 3 and 9, but also where either parent or the child is an Italian national or resides in Italy.