Italian Minister of Justice has faced the delicate issue of the divorce certificate release that must be submitted to the country where the applicant wants to obtain legal recognition of the divorce agreement. The problem has arisen because of an enormous number of applications addressed to the Court, which has badly impacted on the internal organisation of the offices.
Assisted negotiation agreement on divorce, termination of civil effects of marriage, legal separation, might be presented before Procura della Repubblica or before the city mayor. However, in the event the applicant wants to present the assisted negotiation agreement to another EU Member State, EU Regulation no. 2201/2003 confirms that the applicant must submit the minutes of the assisted negotiation with the country where he/she wants to obtain its legal recognition. Then, the applicant must ask for the document to the administrative competent authority of the Member State of origin.
In this case, the competent authority is not the Court, but, on the contrary, the administrative authority named civil registrar.
In case of assisted negotiation agreements drafted by the professional assistance of international divorce lawyers, the competent authority will be the Procura della Repubblica.
For further information please contact us or leave your contact details in the Contact Form and you will be contacted within 24 hours.