You've got questions, we've got answers!
Read below to get answers to your FAQs. Feel free to reach out to get a personalized answer.
Why Choose AVRA Legal?
At AVRA Legal, we combine our extensive legal experience with a deep commitment to personalized client service. We understand the nuances of both local and international legal landscapes and work diligently to meet your goals with the utmost professionalism.
Family Law
To get married in Italy, you need to:
- Obtain a sworn affidavit (Atto Notorio) and a bilingual statutory declaration.
- Provide birth certificates, passports, proof of previous marriages/divorces (if applicable), and a certificate of no impediment (for UK citizens).
- Contact your home country’s consulate or embassy in Italy for assistance with the Atto Notorio.
Grounds for divorce in Italy include:
- Legal separation for six months (consensual) or twelve months (judicial).
- Annulment or non-consummation of the marriage.
- Serious crime committed by one spouse.
- Gender change by one spouse.
- Divorce or remarriage by a foreign spouse.
The court considers:
- Parents’ physical and mental health.
- Child’s physical and mental health and age.
- History of abuse and parents’ lifestyles.
- Child’s preference (legally if 12 or older, though oftentimes younger).
- Financial stability of each parent.
- Emotional bond between the parent and child.
Yes, the court can prioritize children’s needs by assigning the family home to them, allowing parents to alternate residence.
After custody is granted, the court establishes the child’s permanent residency and each parent’s obligations. These arrangements are valid until the child is financially autonomous which can be well past the age of 18.
Spousal support is based on:
- Length of the marriage.
- Financial status and needs of both spouses.
- Standard of living during the marriage.
- Presence of minor or dependent adult children.
Unmarried couples can:
- Establish legal paternity jointly.
- Agree on child support and financial contributions.
- Arrange joint or sole custody with visitation rights amicably or through the court.
Key differences include:
- Mandatory separation period before divorce.
- Emphasis on “economic solidarity” in spousal support.
- Limited rights for unmarried couples compared to some other jurisdictions.
- Financial and other forms of abuse not recognized in Italy.
- Length of delays in financial support are much longer in Italy.
Child custody is based on the child’s best interests, considering:
- The child’s age and relationship with each parent.
- Each parent’s parenting skills and living situation.
- The child’s emotional well-being and stability.
Custody can be joint or sole, with visitation rights for the non-custodial parent.
Prenuptial agreements are not recognized in Italy but may be considered if they are:
- Drafted in writing and signed before a notary.
- Comply with Italian law, ensuring fairness and public policy adherence.
- Address property division and financial arrangements but not child custody or support.
The adoption process includes:
- Applying through the Juvenile Court.
- Undergoing a social services evaluation.
- Completing a matching process with a child.
- Meeting criteria such as being married for at least three years and age requirements.
- Complying with Italian law and the child’s country of origin for international adoptions.
Citizenship / Investment
Italy offers a variety of visas, catering to different needs and situations. Some popular options include:
- Work visas: For individuals with job offers in Italy.
- Study visas: For international students pursuing academic programs.
- Family reunification visas: For spouses, children, and dependent parents of Italian citizens or legal residents.
- Elective residence visas (Non-Lucrative Residency Visa): For individuals with sufficient financial means wishing to live in Italy without working.
Processing times for Italian visas can vary depending on the type of visa, applicant’s nationality, and current workload of Italian authorities. It can range from a few weeks to several months.
While not mandatory, an immigration lawyer can significantly simplify and expedite the process. Lawyers offer valuable expertise in navigating the application process, ensuring you meet all requirements and increasing your chances of success the first time around. Many clients apply for Italian citizenship 3 or 4 times with no success when not represented by an attorney.
If your visa application is denied, you may have the right to appeal the decision. An immigration lawyer can advise you on appeal options and represent you throughout the process. We have received very high settlement awards for visa denials upon appeal allowing clients to recoup the legal fees they paid and help pay for the move back to Italy after having been removed previously.
There are several paths to Italian citizenship, including:
- Descent: If you have an Italian parent or ancestor.
- Marriage: After being married to an Italian citizen for a specific period.
- Residency: After legally residing in Italy for a set number of years.
To obtain a work visa in Italy, you generally need a job offer from an Italian employer, proof of sufficient financial means, and various documents such as a valid passport, completed application forms, and sometimes a background check. Specific requirements can vary depending on the type of work visa.
The family reunification process typically involves submitting an application to the Italian immigration authorities, who then evaluate the request. The processing time can vary, but it usually takes several months to receive a decision.
The elective residency visa is designed for individuals who wish to retire or live in Italy without working. Applicants must demonstrate sufficient financial resources to support themselves without employment in Italy. This visa is ideal for retirees and financially independent individuals.
- Processing times can vary significantly based on visa type, nationality, and completeness of the application. Many permits take 3-6 months but could be shorter or longer depending on the specifics.
- Some visa applications remain unprocessed for a year or longer allowing the applicant that time to remain in Italy.
- Family reunification is possible if you have a longer-term permit or permanent residency status. Qualifying family members like spouses and minor children may be able to join you in Italy under certain conditions.
Real Estate
- Offer and Acceptance: Reach an agreement with the seller on price and terms.
- Due Diligence: Verify the property’s legal status, title, and any potential encumbrances.
- Preliminary Contract (Compromesso): Sign a binding agreement outlining the purchase details and deposit payment.
- Final Deed of Sale (Rogito): Formalize the sale with a notary public, transferring ownership and paying the remaining balance.
- Registration: Register the property with the Land Registry.
While not mandatory, hiring an Italian real estate lawyer is highly recommended. They can help navigate legal complexities, review contracts, liaise with authorities, and offer guidance on taxes and closing costs.
- Registration Tax (Imposta di Registro): Tax on the property’s cadastral value.
- Mortgage Tax (Imposta Ipotecaria): Applied if financing the purchase with a mortgage.
- Cadastral Tax (Imposta Catastale): Annual property ownership tax.
- Notary Fees: Mandatory for any real estate transaction.
- Legal Fees: Optional but recommended for additional legal assurance.
Yes, foreigners, both residents and non-residents, can purchase property in Italy with few restrictions. Specific visa requirements may apply depending on nationality and intended use of the property.
- Hidden defects in the property not disclosed by the seller.
- Issues with unclear titles or zoning restrictions.
- Unexpectedly high closing costs or taxes.
Financing options include taking out a mortgage from an Italian bank or using personal savings. Non-residents can obtain mortgages, but terms and conditions may differ. It’s advisable to compare different financing options and consult with a financial advisor.
Italian inheritance law typically follows a forced heirship system, meaning certain family members are entitled to a fixed share of the deceased’s estate. Foreign property owners should understand these laws for effective estate planning. Our attorneys can assist you in protecting our property in your passing.
Estate Planning
- Minimize inheritance tax: Reduce tax burdens on heirs.
- Avoid probate delays: Ensure faster asset transfer.
- Protect your legacy: Ensure your wishes are followed.
- Plan for incapacity: Designate guardians and proxies if you become incapacitated?.
Provide for loved ones: Secure financial future for loved ones.
- Wills: Outline asset distribution and appoint an executor.
- Heirship agreements: Notary-approved agreements among heirs.
- Life insurance: Financial benefit for beneficiaries.
- Trusts: Manage assets for specific purposes (e.g., minors).
Gifts: Reduce taxable estate through asset transfers.
An estate planning lawyer is beneficial to:
- Avoid your wishes not being followed
- Navigate legal complexities.
- Draft customized estate plans.
- Advise on tax strategies.
- Ensure compliance with Italian law.
- Guide on appointing executors and beneficiaries.
- Prevent family and or others from attempting to undermine your wishes in your passing.
Without a will, assets are distributed according to Italian or American intestacy rules, which may not reflect your wishes and could complicate the probate process.
Review your estate plan regularly, especially after significant life events like marriage, childbirth, or changes in assets or family dynamics.
Many parents of young children plan to protect their children’s upbringing in the event that the child(ren) should lose both parents. A lack of a plan can lead to the child(ren) being raised in a location or manner that the parents would not have approved.
A will ensures your assets are distributed according to your wishes and helps avoid disputes among heirs. Without a will, assets are distributed per Italian and American intestacy laws.
Inheritance tax varies by the relationship to the deceased and the value of assets. Spouses and direct descendants have lower tax rates and higher exemptions compared to distant relatives.
Yes, foreigners can own property in Italy and abroad and include it in their estate plan. Consider both Italian and home country laws and consult an international estate planning lawyer when planning your estate.
- Forced heirship reserves portions of an estate for close relatives like spouses and children, limiting the testator’s freedom to distribute assets entirely as desired.
To ensure validity you must be in compliance with Italian and all other local laws, draft a will or clear instructions following legal formalities, and it is highly suggested you consult an estate planning lawyer familiar with the local laws to navigate complex requirements.
Forced heirship ensures children, grandchildren, and close relatives receive portions of the estate, regardless of the Will’s provisions.
Taxes depend on the relationship to the deceased and the asset value. Spouses and children have exemptions up to certain thresholds, while distant relatives face higher rates.
Foreign wills are valid if they meet Italian legal requirements or the laws of the deceased’s home country under applicable treaties.
Notaries can draft Wills, handle succession procedures, and transfer inherited property deeds, ensuring proper estate planning.
Strategies include setting up a property holding company, creating a real estate trust fund, or gifting property during one’s lifetime to avoid inheritance taxes. Our experts advise on these strategies and the most efficient ways to avoid trusts and other expensive or cumbersome instruments when they are not necessary.
Wills can be located at Italian notary offices or the Italian Notary archives. Wills can sometimes be held privately by an individual or their attorney. If no will exists, assets are distributed to legitimate heirs under Italian law.
Yes, you might be able to proving heirship through a Will or family relationship. This typically allows you to claim property regardless of the time passed.
No, nationality does not affect the ability to claim property or assets in Italy.
Without a Will, Italian law distributes assets to legitimate heirs, including next generations through representation if children are deceased.
Yes, foreign trusts are recognized, allowing asset transfer without probate proceedings. Though oftentimes trusts are not necessary for international estate planning.
Investigation Law
Preliminary investigations in Italy, conducted by the Public Prosecutor and Judicial Police, begin with acquiring a crime report and collecting evidence. The various government officers then conduct their investigation as needed for each allegation. They conclude with either closing the proceedings or initiating criminal action against the suspect.
Private investigations begin with an intake procedure to better understand the nature of the allegation and the relationships of the involved parties. The active phase of the investigation can involve personal interviews and surveillance, forensic accounting or investigation, and gathering of evidence.
Preliminary investigations by the Italian government can last up to 18 months, extendable to 2 years for serious crimes like murder, robbery, or mafia association. Many investigations take several years only to be archived as unresolved.
Private investigations vary but have an outlined deadline for results based on the specific nature of the investigation.
Under a State sponsored investigation, Suspects have the right to be informed of the investigation, receive guaranteed notice if any action is taken against them, and be heard by the Public Prosecutor within 20 days of the investigation’s conclusion. They can also present briefs and documents.
Suspects investigated privately have a right of privacy to a reasonable extent. This is to say that many of their actions may be observed and recorded with no notice to the suspect.
Yes, companies can be held criminally liable if offenses from a specified list are committed by individuals in representative, administrative, or managerial roles, or those under their control, provided the crimes benefit the company.
No, except for specific laws such as anti-money laundering, private entities are not obliged to report crimes to authorities.
Legal investigations include:
- Public record searches.
- Surveillance with privacy restrictions.
- Asset tracing.
- Background checks.
- Witness interviews.
No license is needed to hire a private investigator, but it is important to choose one authorized to operate in Italy, preferably a member of recognized associations like A.N.I.G.I.P.
Private investigators cannot:
- Intercept private communications.
- Access private property without permission.
- Engage in harassment or stalking.
Illegal activities by an investigator can render evidence inadmissible in court and result in legal repercussions for both the investigator and the client.
Ensure legality and ethics by:
- Hiring a reputable investigator with a track record and professional association membership.
- Clearly defining the investigation’s scope and legal boundaries.
- Requesting a written contract outlining services, fees, and compliance with Italian law.
Private investigators gather information and evidence for legal purposes, including civil, criminal, and family law cases. They conduct surveillance, background checks, locate missing persons, and collect evidence of fraud or infidelity.
Yes, they must be licensed by the Italian Ministry of the Interior and adhere to strict legal and ethical guidelines.
They handle cases such as infidelity investigations, child custody cases, asset searches, fraud investigations, corporate investigations, background checks, and locating missing persons.
Yes, provided it is obtained legally and complies with privacy and data protection laws.
They must operate within the bounds of the Italian Data Protection Code, avoiding illegal wiretapping, unauthorized surveillance, and intrusion into private spaces without consent.
Surveillance must comply with data protection and privacy laws. Covert recording typically requires judicial authorization except in self-defense cases.
Attorney-client privilege protects legal advice communications, but lawyers acting solely as investigators may not be covered.
Accessing telecommunication records requires consent or a court order.
No, lie detector test results are not scientifically valid evidence and are inadmissible. Unfortunately the right to not self incriminate extends to many people lying openly in court making private investigations that much more important.
Private investigators have no special powers and must not impersonate officials or trespass on private property, but they oftentimes have the knowledge of how to obtain information in a legal and ethical manner that will secure your goals.
Via Sardegna, 29, 00187 Roma RM
(2 blocks from the U.S. Embassy)