Partner Melissa Lesson discussed divorce and pre-nuptial agreements for Italians living in England in La Repubblica’s legal blog.
When asked which are the main things to consider for an Italian in England contemplating a divorce, she flagged: “Many of my European clients believe when they come to see me, that they are protected from the English Court, because they are not English, they didn’t marry in England and they elected the ‘separazione dei beni’ matrimonial regime when they married. But where you are from, or where you married make no difference. And whilst the tide may be changing in terms of the recognition of a foreign pre-nuptial agreement, it is doing so very, very slowly with less than a handful of recent cases where the agreement has been upheld. The court generally simply considers it ‘a factor’ amongst many, for it to look at when considering whether or not there should be a 50-50 asset split.
“So if you move here, be prudent and get your pre-nuptial agreement checked. And if you are already here, and are experiencing marital problems (lockdown generated or otherwise!), get advice as soon as you can – all the lawyers are now available via video-call.”
To read the full interview, click here [please note the interview is in Italian].