Separation and divorce in Italy
As part of the reform of the justice system which came into force this year (Riforma Cartabia), a new procedure for filing for legal separation and divorce in Italy has been introduced. Up to 2022 a couple would need to have an order from the Italian court for legal separation, before proceeding to a divorce. If the separation was contested by one of the spouses the court proceedings leading to a separation order could take three years or more. An application for divorce could then only be made, by filing a new petition to the court, after a...
read moreTax and financial planning events in October
We are publicising this interesting event which may be useful for our international clients and owners of property in Italy. Gareth Horsfall, financial advisor of the Spectrum IFA Group, who has been based in Italy for many years, has organised two dates (“Le Tour de Finance”) on which a panel of international guest speakers will discuss topics in the field of Tax and Financial Planning. Tuesday 17th October Castello Semivicoli – Abruzzo Wednesday 18th October 2023 Villa Anitori – Le Marche One of the...
read moreExpiry of UK passports
Many UK passport holders entering EU countries over the summer were turned away at the boarding gate for their flights and were told that their passports were out of date despite the expiry date in their passports being at a future date. Passports that have been issued since Brexit i.e. the new blue passports only have a validity of 10 years. This issue is only in reference to the old red passports that had European Union written on the top. Prior to Brexit, UK passport holders could travel in and out of the EU as long as they held a valid...
read moreWhat is habitability?
Checking the planning permission status of an Italian property before purchasing is just as important as studying the title or legal ownership history. A Buyer who carries out a proper due diligence review of a residential property in Italy, before committing to a binding contract, should always ask the Agent or the Seller or their surveyor if the property has a certificate of habitability. In Italian this is the certificato di abitabilità also previously known as agibilità. This certificate confirms that the property is fully in line...
read moreNew ETIAS travel permit
The European Travel Information and Authorisation System (ETIAS) will be in force from 2024. British citizens and nationals of other third countries/non-EU states, who up until now could enter the Schengen Area without a visa, will be required to obtain this travel authorisation permit before entering Italy and other countries in the Schengen Area for a maximum period of 90 days in any 180 day period. The ETIAS will be a “security screening tool” to confirm identity and assess the security risks of foreign nationals who wish to...
read moreThe Local Italy – Italian citizenship
Solicitor and Avvocato stabilito Aleksandra Broom is quoted in this new article published in The Local Italy. The article discusses applications for the recognition of Italian citizenship via descent from Italian ancestors (ius sanguinis). The Local How to apply for Italian citizenship through ancestry 6 JULY 2023
read moreDelays at the Italian Consulate
Aleksandra Broom was interviewed by the Local Italy on applications for visas and for Italian citizenship. The article considers how the system is frustratingly in deadlock with very long waiting times for an appointment. The situation is dire at the moment, in particular at the Italian Consulate in London which is overwhelmed from applications from British citizens...
read moreEU Succession Regulation and renouncing an inheritance
Since the EU Succession Regulation came into force in 2015, its rules on cross-border successions apply to estates of deceased persons whether they were resident in Italy at the time of death or they owned property situated in Italy. The EU Succession Regulation applies to estates relating to citizens of third countries as well as citizens of EU member states and aims to simplify and clarify the administration of the deceased’s assets, in particular laying down guildelines for determining which country’s law should apply to the...
read moreThe Cartabia reform of the Italian legal system
The Cartabia reform (“riforma Cartabia”) is the hottest debated topic of the moment in courts and law firms throughout Italy. The new rules cover both the criminal and civil courts and are due to come into effect from 1st March 2023. Marta Cartabia was the former Minister of Justice in the Mario Draghi government, and was responsible for overseeing the drafting of legal reforms which came into force with the 2022 Legislative Decree (Dgls n. 149 del 10 ottobre 2022). The two main aims of the reform are to reduce the backlog of...
read moreSelling property “non in regola”
In preparing to sell the ownership rights of Italian real estate property the seller must carry out a thorough initial examination of the layout and planning and building permits. This is strongly recommended at the earliest possible stage, even before a mandate is given to an Estate Agent to market the property, or before negotiations begin with a prospective new owner, and without doubt before the signing of a preliminary contract. This advice applies equally to owners intending to gift the property to family members. The property owner...
read morePost-Brexit residence questions
The promise made by the UK government to British citizens resident in the EU, that their residence rights would be protected post-Brexit is still a work in progress. A recent review by the British Embassy revealed that only one-third of British citizens resident in Italy has applied for the electronic “carta di soggiorno” from the Questura. This document is optional and not mandatory, however it is strongly recommended. Due to widespread misunderstanding by the Italian authorities about our new unique status as third country...
read moreOur new office
On 1st December we moved into new offices near the Rome civil courts in the Prati area, near St Peter’s Basilica, and the Vatican. The office is easily accessible from the Metro A station Ottaviano. OUR NEW ADDRESS: Studio Legale, Via delle Milizie 96, Interno 11, 00192 Rome. Tel: 06 69 40 4910. The legal team at our new office: Avvocato Charlotte Oliver, Solicitor (England and Wales) – Private client, family law, real estate Avvocato stabilito Aleksandra Broom, Solicitor (England and Wales) – UK immigration...
read moreWho is the new Italian Justice Minister?
With ever-increasing backlogs in the Italian courts, and the length of court proceedings, in particular in civil litigation, rendering it virtually impossible for creditors to recoup lost investments in Italy, we take a brief look at the head of the new government’s Ministry of Justice. These are early days and we have yet to see whether a real improvement in the legal system could be on the cards. The new Minster of Justice in the Fratelli d’Italia – Lega – Forza Italia coalition government is 75 year old...
read moreNEW VISA FOR REMOTE WORKING AND DIGITAL NOMADS
Living and working in Italy is a dream for many, but has always been challenging for non-EU nationals to obtain a work permit or a self-employment visa. The “elective residence” visa offers an alternative means to live in Italy, but is only available to those who can show the availabilty of accommodation in Italy and who have substantial sources of wealth or income (from sources other than from employment) which will enable them to comfortably support themselves. The Italian government recently passed new legislation (Legge n. 55...
read moreRight to vote for British citizens abroad
The right to vote, for all British citizens resident outside the UK, has finally been restored this year by the Elections Act 2022. The vote for overseas electors had been restricted in 2002 to include only British citizens resident outside the UK for less than 15 years. After that cut off point, British citizens living abroad were no longer eligible to participate in UK general elections, irrespective of whether they still had close ties with the UK. The new rules Section 14 of the Elections Act 2022 allows “overseas voters” to...
read moreLocal courts take over Italian citizenship applications
Applications for Italian citizenship, made by non-Italian residents, on the grounds of descent (ius sanguinis) pre-1948 from a female relative, will no longer be decided by the Civil Court of Rome. As of 22nd June 2022, applications need to be lodged in the civil court of the Comune where the last Italian ancestor was born, as of 22nd June 2022. (See Law of 26 November 2021, n. 206) Article 1, paragraph 37 of Law n. 206 states the following: ‘When the plaintiff resides abroad, disputes regarding the ascertainment of the status of Italian...
read moreItalian inheritance tax
Italian residents may face a higher tax burden on their lifetime income, but their family is taxed very lightly on death compared to most other European countries. Different rates of Italian inheritance tax are applied depending on the family relationship the heir to each asset had to the deceased. Any legacy or gift passing to “direct-line” family members (parent, spouse or children or grandchildren) is exempt from Italian inheritance tax up to the threshold of 1 million Euro per heir. If the family member has a serious disability...
read moreSelling gifted or inherited property
When the ownership of an Italian property has passed by way of an inheritance (eredità), or has been transferred between generations by a gift (donazione), this may create an obstacle to the future sale, in particular if less than 20 years has passed from the inheritance or gift. A seller may find there is increased scrutiny of the property history by the buyer, the Notary or by a bank considering a mortgage application by the buyer. Selling inherited property In the case of inherited property, there may be concerns that other heirs may...
read moreTHE SPID CHALLENGE
The SPID (sistema pubblica di identità digitale) is a set of secure credentials issued to an individual who has been formally identified. Being asked to provide a SPID is becoming as common as having to show an ID card or codice fiscale in Italy. The SPID is not obligatory, but since October 2021 is essential in order to access government departments and the offices of the public administration (PA) online, for example the Agenzia dell’Entrate, INPS, IO and the Servizi Sanitari (although as an alternative the CNS or CIE can also be...
read moreAffidavits, Statutory Declarations and Certified Copies
The list of English Solicitors in Italy on the GOV.UK website has been recently updated. When selecting what area of law that you require assistance in, ‘affidavits, statutory declarations and certified copies’ are no longer an option. We have contacted the British Embassy in Rome advising them of this omission on the GOV.UK website. We have therefore received a number of enquiries from clients as to whether we still offer this service. We can confirm that we can draw up and witness these documents, where they need to be provided to a UK...
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