by Trey Haskins, University of Arkansas Undergraduate -Intern at The Family Law Italy Treyhaskins1@gmail.com Divorce proceedings are a stressful time and unfortunately, the consequences of the financial implications of a divorce can be far-reaching and long-lasting. So it is not surprising that some people attempt to use a variety of ways to hide assets during a divorce. Recently, Bitcoin has been one such asset that has enabled spouses to conceal financial resources from their estranged partner. Bitcoin is a digital currency, or cryptocurrency, created and held electronically on a decentraliz ..read more

Stefano Cuomo Avvocato, Family Law Italy – www.familylawitaly.com – s.cuomo@familylawitaly.com – cell.+39/338 5221487 The acquisition of Italian citizenship is regulated by the Law no. 91 of Feb. 5, 1992 which has profoundly innovated in a complete and organic way the previous legislative framework dating back to the pre-fascist era (Law no. 555/1912). Our legal system accepts the principle of ius sanguinis, i.e. the transmission of the status of citizen by birth, regardless of the place of birth. The recent parliamentary proposals aimed at expanding the cases of acquisition of citizenship iur ..read more

Accade spesso in ambito familiare che, in adempimento del generale principio di solidarietà, il congiunto bisognoso riceva un contributo economico da un proprio familiare con il quale, spesso, sussiste un rapporto di relazione più stretto. Tuttavia, non tutti sanno chi a livello giuridico è veramente tenuto a garantire gli alimenti in ambito familiare e, soprattutto, in quale ordine di preferenza e secondo quali presupposti. A tal riguardo, l’art. 433 del codice civile stabilisce che, in primo luogo, sia tenuto il coniuge. In sua assenza o impossibilità economica, in ordine immediatamente succ ..read more

I assume that we all know that, while a divorce legally dissolves the marriage, a legal separation is a Court’s Order that mandates the rights and duties of the couple while they are still married but living apart. In Italy, as you may know, traditionally we have always had a mandatory two steps proceeding: a legal separation is like putting your marriage on hold until you get a divorce. Typically, both spouses would move to different homes and start living separate lives. After a cooling-off period of legal separation -that generally equals to six months (separation by consent) or one year (i ..read more

Researched and written by: Nathan Martin, Intern at Family Law Italy from the University of Arkansas. Italy is a beautiful country and many people from around the world decide they want to call it home. Getting Italian citizenship is possible in several ways but this article will focus on how to get Italian citizenship through residency in Italy. The time required to live in Italy in order to be eligible to apply for citizenship through residency depends on whether or not you are a citizen in the European Union generally, though there are special circumstances that allow you to become a citize ..read more

Researched and written by: Nathan Martin, Intern at Family Law Italy from the University of Arkansas. In November of 2021 a judgement in the case of Biancardi v. Italy was handed down by the European Court of Human Rights (ECHR). This case was about an alleged violation of Article 10 of the European Convention of Human Rights, a convention which is binding on all who have signed and ratified it. Italy is party to this treaty, so Italy is subject to the jurisdiction of the European Court of Human Rights. Article 10 covers freedom of expression, and in this case the applicant, Biancardi, alleges ..read more

Following years of campaigning by the legal community, the UK parliament passed the Divorce, Separation and Dissolution Act in 2020, which came into force on April 6, 2022, introducing the so called no-fault divorce. All my life as a Family Law Layer (and -since 2010- also as a Collaborative Lawyer) has been carried out under the no-fault system provided by the Italian Law: therefore the following reflections could be of some use, today. Since its enforcement in 1970 (Law n. 898) the Italian Divorce has never required blaming the other party in order to get a marriage dissolution order: t ..read more

The decision n. 004 2022 EHCR (App. 1880/2019) of the European Court of Human Rights declared inadmissible the application Lee vs the United Kingdom regarding the refusal by a Christian-run bakery to make a cake with the words “Support Gay Marriage” and the QueerSpace logo on it, which the applicant had ordered and paid for. The Court’s belief, in a nutshell, is that there were no grounds for the application because the bakery owners had not refused to serve the applicant because he was gay, but rather because they objected to being required to promote a message that they profoundly disagreed ..read more

PRESS RELEASE issued by the Registrar of the Court ECHR 004 (2021) 06.01.2022 In its decision in the case of Lee v. the United Kingdom (application no. 18860/19) the European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final. The case concerned the refusal by a Christian-run bakery to make a cake with the words “Support Gay Marriage” and the QueerSpace logo on it which the applicant had ordered and the proceedings that had followed. Principal facts The applicant, Gareth Lee, is a British national who was born in 1969 and lives in Belfast (Un ..read more

by Grace Wilson University of Arkansas in Fayetteville Majoring in International and Global Studies with a minor in Legal Studies. Currently (2021) attending the university’s Rome Center. Intern at Family Law Italy- Rome: a boutique law firm shortlisted by the US and UK Embassy in Rome Email info@familylawitaly.com Website: www.familylawitaly.com Having your family with you is an important thing. Most people do not want to be separated from their children or partners. But how can you bring your family to Italy if you are working or going to school. Bringing your family members to live with you ..read more