Why Italy
Divorced & Remarry Laws In Italy?
If you were married and then divorced under the Australian law! Why would it make any difference to another country such as Italy if the marriage or divorce did not occur in Italy? I'm asking the question as my partners ex-wife has come back from a trip to Italy recently stating to him that they must have their marriage disolved in Italy so she can remarry and if my partner was to remarry without disolving the marriage in Italy and decided he would go to Italy for a holiday their would be a warrant for his arrest??
Public Comments
- As far as I can understand by your question... the claim of the former wife of your partner make little sense. It'd be a different matter if wedding or divorce took place in Italy. Or Italian law was anyway involved in some way. Or if you want to marry in Italy, you have to be sure tha marriage of your partner is absolutley legally over and, by Australian law, he *can* marry somebody else by the time he want to do (for instance, by Italian law you have to wait three years after divorce, that took place in Italy, in order to marry again).
- Every country has rules about conflict of law and, I think, domestic rules can't apply in most cases for a marriage that is not at related with this country. Therefore no problem if neither your partner, nor ex wife are or were italian citizen nor they lived in Italy during their wedding nor wedding occured in Italy. And a marriage occurred under a foreign law is valid and takes effect, as a rule, also for Italian law . You have not to marry again in Italy. So there can be problems eg if former wedding was performed in Italy or anyway enrolled in public registrars in Italy. In these latter cases, Australian divorce is valid also for Italian law when: - both persons have Australian citizenship or both lived in Australia as married pairs - and rights to defense have been granted to interested party
