International divorce question

[wrimad]

I’m wondering if anyone knows the answer to this.

H and I are separated, but not officially so - there’s no legal document. We married in the UK. He’s Italian, and has returned to Italy. I want to divorce, he says he doesn’t, but every now and then he tells me he’s going to appoint an Italian lawyer and ruin my life with divorce on his terms.

Our marriage was never registered in Italy, and I have never lived there.

Would Italy have any jurisdiction over a divorce ?

Probably, if his divorce procedure goes in before yours. Competing EU jurisdictions operate in "lis pendens" which means first in time, first in right, if both countries have jurisdiction, which they may well here.

Although divorce is not easy to get in Italy, I believe, hence this absolute horror-show

www.familylaw.co.uk/news_and_comment/in-the-matter-of-180-irregular-divorces-rapisarda-v-colladon-no-2-2014-ewfc-35#.Wr_Zv_nTW9c

Where you married is irrelevant. Italy recognises UK marriages, and vice versa.

If you wish to be divorced you should get proceedings under way here ASAP, just in case, as I believe the procedure is a lot smoother here. How long since you married?

8 years . I was hoping that because we didn’t officially register our marriage in Italy then it somehow doesn’t count until we do ( which I would refuse to agree to).

What about custody issues? Would they b decided by the court in the country where the children do and have always lived?

Yes, if the kids are habitually resident in England & Wales then it will be thd English/Welsh court's jurisdiction.

So it could be the case that the divorce gets decided by Italian courts and residence/ custody gets decided by English courts, if H gets proceedings underway before I do? ( Thanks for answering, by the way!)

Yes, that's correct.

Do you have your marriage certificate?

Although there won't be any court orders about the kids unless one of you applies for orders. In England the Court no longer asks about child arrangements, let alone intervening.

Yes

The only reason he would instigate divorce proceedings is to get custody of the children. We have been separated for a few years and the kids have always lived with me. He is threatening to take them as some sort of power play.

Italy does tend to favour the italian parent I believe. I thank the uk courts are fairer so you really should apply for a divorce asap if you want it heard in the U.K.

But the Italian courts have no jurisdiction over the children and residence issues, since the children don’t and have never lived in Italy