Franco-Italian couples, French residents of Milan or Rome, Italians in France: EU rules identify courts and law and ensure recognition. Italian divorce generally requires prior separation. French divorce needs Italian civil registration to take effect there.
An initial overview, not a consultation
This page outlines Italian law and its connections with French law. It is an initial overview, not a consultation: every situation depends on specific facts and local law changes. For each case, I work with a colleague based in Italy, who confirms these initial details for your circumstances and acts before local courts when necessary.
0 — Your situation
You live in Milan and one spouse wants to return to France. You are French, married to an Italian and living in Nice or Paris. You separated in Italy and want to divorce in France. Your spouse began Italian proceedings.
1 — Which court?
A common Regulation. France and Italy use Brussels II ter (Article 3) to identify divorce courts. Courts have jurisdiction notably where spouses are habitually resident, the respondent resides, the applicant has lived for a year (six months if a national), or both spouses are nationals. Several courts may have jurisdiction simultaneously. Two French nationals living in Rome may divorce in Italy, where they live, or France, their nationality.
In Italy. Since 28 February 2023, family cases use a single procedure. Venue follows children’s habitual residence or otherwise the respondent’s residence, or the applicant’s if the respondent lives abroad. The future single court for persons, minors and families will replace ordinary courts handling separation, divorce and custody.
First court seised. When two proceedings begin, the second court must stay its case and decline jurisdiction once the first court’s jurisdiction is established (Brussels II ter, Article 20). Filing dates decide priority, sometimes within a few days.
2 — Which law?
A common law. France and Italy both apply Rome III, so the same law governs divorce whichever court hears it. Without choice: common habitual residence when proceedings begin; otherwise last common residence ending no more than a year earlier with one spouse remaining; otherwise common nationality; otherwise the court’s law (Article 8). Spouses may choose in writing the law of their habitual residence, last common residence, either nationality or the court hearing the case (Article 5). Maintenance in both countries follows the 2007 Hague Protocol, generally the creditor’s habitual-residence law. In Italy, spouses may choose in writing, including during proceedings, until the end of the first hearing.
International couples. Regulation 2016/1103 governs marriages since 29 January 2019: without choice, first common habitual residence after marriage (Article 26). Earlier rules differ: France generally uses first habitual residence under the 1978 Convention; Italy uses common nationality or otherwise the main location of married life.
3 — Recognition
Automatic recognition. French divorce judgments are recognized in Italy without proceedings, and vice versa (Brussels II ter, Article 30). Children’s decisions have been enforceable without exequatur since 1 August 2022 (Article 34), as are maintenance decisions (Regulation 4/2009). Matrimonial property decisions still require a declaration of enforceability (Regulation 2016/1103, Articles 44 onwards).
Italian registration. French divorce involving an Italian must enter the civil register where the marriage is recorded, or through the consulate for AIRE-registered Italians abroad. Without it, Italian records still show marriage.
Divorce without a judge. French non-judicial divorce has circulated in the EU since 1 August 2022 with the notary’s certificate (Brussels II ter, Articles 64 to 66, Annex VIII), unlike non-EU countries. Italian consulates request Annex VIII and, for minor children, Annex IX certificates; municipal practices still vary.
4 — Your relationship
Separation then divorce. Italian law generally requires prior separation: six months from appearance for agreed separation, one year for judicial separation. Separation does not dissolve marriage and may assign fault (addebito). After the Cartabia reform, divorce may be sought in the same petition but is heard only once separation is final and the period elapsed.
Without a judge. Agreeing spouses may separate then divorce through a lawyer-negotiated agreement (negoziazione assistita) checked by prosecutors, including with minors; or through a civil registrar without minor or dependent children or asset transfers.
Spousal maintenance. During separation, assegno di mantenimento maintains marital living standards and is denied to the spouse at fault. After divorce, assegno divorzile provides support and compensation, accounting for contributions to family life and assets. It ends on remarriage. An unmarried recipient may receive part of the other spouse’s termination payment and a survivor’s pension.
5 — Your children
Children fall under the same Regulation: jurisdiction generally follows their habitual residence (Brussels II ter, Article 7), and decisions are enforceable in the other country. After wrongful removal, the 1980 Hague Convention applies, reinforced by the Regulation.
Children generally remain under both parents’ care (affidamento condiviso, Civil Code Article 337-ter). Important decisions including habitual residence are joint; courts designate principal residence. Relocation requires agreement or a court decision. Children are heard from twelve or earlier if able to form views. Maintenance is indexed and reflects needs, parental time and resources.
Taking or retaining a child abroad without the other parent’s agreement is prosecuted automatically and punishable by one to four years. Prosecutors bring return cases to the juvenile court where the child is present, normally within six weeks. The central authority is the Ministry of Justice’s juvenile justice department.
6 — Your assets
Matrimonial property. Default community (comunione legale) includes marital acquisitions and unspent income on dissolution. Separate property may be chosen in the marriage act or notarised, with an annotation to bind third parties. Community ends when courts authorize separate living or when an approved agreed separation is signed, well before divorce.
Liquidation and cross-border property often need French and Italian notaries. Waiving all maintenance has lasting consequences: only an assegno divorzile recipient qualifies for part of the other spouse’s termination payment (40% of the share corresponding to marriage years) and survivor’s pension.
Maintenance arrears have a five-year limitation period; failure to pay court-fixed separation or divorce maintenance is criminal.
For maintenance, Regulation 4/2009 allows French decisions to be enforced in Italy without exequatur and vice versa, with help from both countries’ central authorities.
Points to watch
Italian law generally requires six months’ or one year’s separation before divorce, even before French courts.
Unregistered French divorce leaves Italian records showing marriage.
Italian community ends at permission to live separately: that date fixes the inventory.
Waiving all maintenance removes entitlement to termination-payment shares and survivor’s pensions in Italy.
7 — My support
An international consultation compares French and Italian options, including choice of law. My Italian colleague confirms local law and acts locally. International negotiation or mediation in French or English is available at the office or remotely.
Official texts and sources
e-Justice portal, national factsheet « Divorce and legal separation » (updated 16 July 2026)
e-Justice portal, national factsheet « Matrimonial property » (updated 16 June 2025)
e-Justice portal, national factsheet « Maintenance obligations »
e-Justice portal, national factsheet « Parental responsibility »
Italian Ministry of Justice: separation and divorce for mixed-nationality couples
Italian Ministry of Justice: international child abduction
Italian Consulate General in Paris: divorce registration
Italian Consulate General in Marseille: French notarial divorce since 1 August 2022
Regulation (EU) 2019/1111, Brussels II ter (divorce, parental responsibility, child abduction)
Regulation (EU) No 1259/2010 Rome III (law applicable to divorce)
Regulation (EC) No 4/2009 (maintenance obligations)
Regulation (EU) 2016/1103 (matrimonial property)