The Italian Supreme Court (Corte Suprema di Cassazione, Sezione Prima Civile), with a decision published on the 1st of December (n. 24542/2016), has determined that the foreign judgment on divorce should be recognized in Italy although it hangs a separation procedure. In particular, this occurs when the foreign law does not provide for the institute of separation.
The case concerns two Albanians spouses married in Albania. The woman asked the Italian court the separation from her husband and the joint custody of the children. However her husband objected arguing that the legal institute of separation is not understood in the Albanian system.
This court case has been an interesting opportunity for the Italian court to clarify some fundamental principles governing the applicable law and the recognition of foreign judicial decisions.
The complete text of the decision and a brief comment by Marina Castellaneta are available HERE (in Italian only). Below you can read an excerpt.
