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IMD Solicitors specialises in family law, providing expertise in cases involving both UK and Italian jurisdictions. Iwona Durlak, a family solicitor at IMD and Head of Family department at IMD Solicitors, presenting alongside Isabella Giannone, an Italian-qualified advvocato. This video outlines the differences between UK and Italian family law, focusing on divorce, financial matters, and child custody.

Key Legal Differences

1. Unified vs. Separate Proceedings
   In the UK, divorce, financial settlements, and child-related matters are dealt with through separate proceedings, with each issue requiring its own legal process.
   In Italy, courts address all aspects of a divorce—child custody, financial matters, and the divorce itself—in a single proceeding. This approach simplifies the process but requires careful preparation.
2. Division of Assets
   The approach to dividing assets differs between the two jurisdictions:
   • UK: Courts take several factors into account, such as financial needs, contributions, and the welfare of children, before dividing assets. Prenuptial and postnuptial agreements are widely used to establish terms for asset division in case of a relationship breakdown.
   • Italy: Asset division depends on the marital regime chosen by the couple. They can select comunione dei beni (joint ownership of assets acquired during the marriage) or separazione dei beni (assets remain individually owned). These regimes provide structure for managing assets.
3. Alternative Dispute Resolution (ADR)
   Both jurisdictions encourage ADR to reduce litigation costs and resolve matters more efficiently:
   • In the UK, mediation and negotiation are common approaches for settling disputes, particularly in cases involving children.
   • Italian law also supports ADR, although procedural differences may influence how it is applied. Litigation is often avoided due to the time and cost involved in court proceedings in both countries.

Strategic Considerations

Obtaining legal advice early is essential to decide on the most suitable jurisdiction. Filing in the wrong jurisdiction can lead to parallel proceedings, higher costs, and further complications. Choosing the right jurisdiction can have significant implications for the outcome of the case.

Conclusion

IMD Solicitors provides clients with advice informed by knowledge of both UK and Italian family law. By understanding the processes in each jurisdiction, clients can make decisions to resolve family law matters effectively, avoiding unnecessary costs and delays.

This video is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this podcast was published.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.