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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, i wonder if you could help me? If a divorce sentence

Customer Question

Hello, i wonder if you could help me? If a divorce sentence is agreed in Italy, is the sentence immediately enforceable in the UK too? For example if it has been agreed in Italy and he is to give up the property but someone changes his mind after the divorce papers have been signed, is the divorce then enforceable in the UK? Thanks
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
Do you mean does the UK recognise Italian divorces or are you asking if it is possible to enforce Italian financial orders in the UK?
Claire
Customer: replied 4 years ago.

Hello Claire, as I said is anything agreed on a divorce settlement in Italy, enforceable in the UK?

Expert:  Clare replied 4 years ago.
Hi
Do they relate to UK owned property?
Claire
Customer: replied 4 years ago.

Yes they do, and to child maintenance

Expert:  Clare replied 4 years ago.
Hi
The Child maintenance order is relatively easily enforceable through the process described here
http://www.justice.gov.uk/protecting-the-vulnerable/official-solicitor
Orders regarding property can be enforced by the courts but the process is not straightforward
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks Claire. Do you mean that it would involve a Court case in the UK? In brief what "not straightforward" mean please?


Katia

Expert:  Clare replied 4 years ago.
Hi
If the Order involves the Transfer of a Property and your ex will not sign the paperwork then and application will have to be made to the Court in the Uk to allow you to get a suitable Order - either for sale - or for the judge to sign the paperwork in stead of the other party
Claire
Customer: replied 4 years ago.

And your experience that eventually works? I am afraid that if I sign the divorce papers in Italy and the clean break as they have requested, then he could back out at the last minute from transferring the property over to me. He is saying that his UK lawyers state that I should not worry as the divorce settlement is immediately executable in the UK, i.e. they are immediately valid in the UK.

Expert:  Clare replied 4 years ago.
Hi
Who owns the property in the UK?
Claire
Customer: replied 4 years ago.

we both do and he's agreed to transfer his 50-% to myself as part of the final agreement and he's asked me to sign a clean break.

Expert:  Clare replied 4 years ago.
Hi
Whilst it is fair to say that it can be enforced the easier option would be for your ex to sign all the necessary paperwork beforehand so that they can be released when the Order is made - no enforcement risk then at all!
Claire