We will assist you in many complicate and specialised cross border areas of family law. We are approachable, friendly and compassionate. We speak Italian and English and are dual qualified in Italy and the UK and can help you handle your family matter knowing both the Italian and the law in England and Wales. 

DIVORCE AND CIVIL PARTNERSHIP DISSOLUTION 

We will guide you through the law on Divorce, Nullity and Judicial Separation, helping you to choose the option best suited to your circumstances. 

The breakdown of relationship can be one of the most traumatic experiences for a person and may raise questions and potential problems. We will help you answer those questions and guide you through both the practical and emotional problems you may face, however complicated and overwhelming they may seem. 

We are dual qualified Italian and English Lawyers specialised in cross border Italian-English cases. International cases require specialist lawyers, the rules can be very complicated. In such circumstances, when a relationship breaks down, it is essential that specialist advice is sought as to which country any divorce or family proceedings should be initiated in. 

There must be a careful and detailed analysis of the benefits and drawbacks of issuing in a particular country. 

The likely financial outcome in each particular country will often determine the country of choice, which may include consideration of whether there is a binding pre-nuptial or post-nuptial agreement in existence. Decisions about where children will live, with whom, and in which country may also need to be made which could involve child abduction issues or consideration of moving abroad with children. 

We aim to help our clients divorce with the minimum of hostility. However, we also understand that some cases will be contentious. Regardless of the circumstances, we are well equipped, often tailoring our approach to your unique set of circumstances. 

FINANCIAL ISSUES IN DIVORCE 

Non Court options 

Consent Order If you agree financial matters upon divorce a consent order can be drafted by us incorporating the terms of the agreement. There may be some financial issues which you have not considered if you have come to direct agreement such as pension assets or maintenance payments for example. You will be advised by us about any missing parts of the agreement for inclusion into the Consent Order to ensure that the Order is comprehensive and there is no possibility of the order being overturned or revisited in any way in future. The Consent Order cannot be filed with the Court until after decree nisi is pronounced and importantly the Court will not accept the Consent Order without the statement of information. You will be therefore asked to provide a schedule of the value of assets and liabilities (including equity in property and pension valuations) whether in joint or sole names. This information will be recorded in a form known as a Statement of Information and must be accurate. The Consent Order and Statement of Information are both sent to the Court for approval by the Judge with the Court fee of £53. The District Judge will consider the Consent Order and Statement of Information and if satisfied that all is in order the Consent Order will be approved and sealed by the Court making it a final Order and legally binding. The Judge does have the power to refuse to make an Order, although this rarely happens. If on the face of the paperwork the agreement appears essentially unfair the Judge may ask questions or even request a hearing to justify the reasoning behind the agreement. 

Court Proceedings If you cannot reach an agreement with regard to the financial aspects on divorce, you can apply to the Court for a Financial Order in relation to: 

• Maintenance;
• Property ownership;
• Capital payments; and
• Pension sharing.

 The process begins by completing an Application for a Financial Remedy (Form A). Once your application has been received by the Court and issued, the matter will be set down for a first hearing. You will be directed, by the Court, to begin the financial disclosure process. You will each be required to provide full and frank disclosure of your respective financial circumstances. First you must complete your Financial Statement (Form E). You will then have the opportunity to exchange Forms E with your spouse and review each other’s disclosure. The classic financial case involves three hearings. 

The First Directions Appointment: The first hearing is called the First Directions Appointment (FDA). It is to be conducted with the objective of defining the issues and saving costs. The Judge will review the evidence presented in the Financial Statements and gives directions as to what further information or documentation needs to be produced prior to the second hearing, the Financial Dispute Resolution Appointment Hearing (FDR). The purpose of this is to provide the parties with all the information required in order to make a successful attempt at negotiating a settlement at the FDR. 

The Financial Dispute Resolution Appointment: The second hearing is called the Financial Dispute Resolution Appointment (FDR). The purpose of the FDR is to encourage both parties to settle the case if possible. The Judge will not hear any evidence, but will instead rely on the financial disclosure that has been produced. The Judge will then give an indication as to what he or she thinks is the likely outcome, should the matter reach a Final Hearing. It is important to note that the FDR is “without prejudice”, meaning that anything said in front of the Judge or in negotiations outside the courtroom cannot be referred to if the case proceeds to at Final Hearing (Trial). 

The Final Hearing: The third hearing is the Final Hearing or Trial. It is where parties give oral evidence and the Judge reviews all of the documents. In some circumstances, expert witnesses, such as accountants or surveyors, may also be required to attend Court if, for example, there is an ongoing dispute in relation to one party’s evidence. At the end of the Final Hearing, the Judge imposes their Order on the parties. We specialise in cross-border matrimonial finance cases which have an international dimension and involve complex offshore tax and corporate structures. We can help you protect and preserve your assets or if we are on the opposing side, we can certainly help you attack these sorts of assets. We have partnerships with Italian-English Financial Advisors and can deal with your matter together with the other professionals to give you a piece of mind. We will help you make sense of your international financial matter. 

PRENUPTIAL AND POSTNUPTIAL AGREEMENTS 

^{If you are contemplating marriage and want to discuss a pre-nuptial or post-nuptial agreement, please contact us.}

 Historically, the Courts in England and Wales have been slow to recognise and enforce these agreements. In recent years they have been given greater recognition. A pre-nuptial agreement is a legal agreement entered into prior to a marriage or civil partnership. The agreement will detail who owns what at the time of marriage and also how the couple intend that those assets should be divided in the event of divorce or separation. These types of agreement are not legally binding in the UK, however the Court is now giving great weight to these agreements. The Court may not uphold the terms agreed in rare cases where either the agreement was not entered into freely by either party, that either party did not have a full understanding of the implications of the agreement at the time of signing it or if it would be essentially unfair to uphold the agreement. If you are considering entering into a pre-nuptial or post-nuptial agreement, to ensure the best chance of it being upheld at some point in the future you should obtain independent legal advice, provide full and frank financial disclosure, and ensure the agreement is fair. A specialist family solicitor should be instructed to ensure the agreement is correctly drafted and that you fully understand both the terms of the agreement and the implications of it. You cannot both obtain advice from the same solicitor and must instruct solicitors separately. Also consider that a pre-nuptial and post-nuptial agreements should only last until the birth of the first child of the family or for up to a period of five years. We suggest that a provision for review by way of a further post nuptial agreement after being married for several years should be included in the agreement. This is a tricky field but one we know well. Feel free to contact us and we will be happy to assist you. COHABITATION DISPUTES Today, millions of unmarried couples cohabit in the world. Yet in the UK, unlike married couples, there is no single piece of legislation that deals with the rights of cohabitees on breakdown of the relationship. We can take you through the maze of legislation that affects couples who live together, their children and their assets. If your relationship has broken down, we can help you to unravel the complexities. If you are intending to co-habit we can help you with cohabitation agreements, otherwise known as “living-together” agreements.

CHILD DISPUTES 

_{Whenever there is a dispute over children, there are no winners. Only losers. Especially the kids themselves. We will always encourage you to negotiate, conciliate or mediate.}

 We will take you through the forest of jargon: parental responsibility, child arrangement orders and the regulation of residence and contact, specific issue, prohibited steps, leave to remove etc. We will help you make sense of it and how the law works. What you want is what is best for your kids – so do we! Litigation is the very last resort.

Important Concepts

No Order Principle 

Children matters are governed by the Children Act 1989 which sets out the “no order” principle at Section 1(5) of the Act. The Court prefers families to resolve their differences privately. It will not interfere unless called upon to do so by one or other parent, and it will not make an Order unless to do so would be better for the children than not doing so.

There are three important concepts to be aware of, as follows: 

Parental Responsibility This is the right and obligation of both parents to make important decisions in their child’s life, particularly with regard to matters such as education, religion, medical treatment and legal decisions. The effect is that both parents must consult each other on important matters affecting the children throughout their minority. If you cannot agree then (subject to involving outside professionals such as mediators and counsellors) any contentious decision would have to be referred to the Court, for a Judge to decide.

Child Arrangements Orders Dealing next with the child’s living arrangements, and the time that he will spend with each parent, if these arrangements can be agreed then there will be no need to approach the Court for an Order. However, if arrangements for cannot be agreed, it might be necessary for you to apply to the Court for a Child Arrangements Order (you could, of course, attempt mediation first). The Order will regulate those arrangements by setting out where the child will make their primary home and how much time they will spend with the other parent. Please be aware that it is the right of the child to see their parents on a regular basis and not vice versa. The Courts have no power to make decisions for children who are 16 or older. The Courts tend to listen to the wishes and feelings of children who are over the age of 13 or so. They tend to “vote with their feet” and decide for themselves where they want to live and how often they wish to see their non-resident parent.

Other possible remedies include: 

Specific Issue Orders Where separated parents cannot agree they can refer the specific issue to the court i.e. what school child should go to or what religion they should follow. You will need to apply for to the Court for a Specific Issue Order. This is a positive Order that makes a person do something.

Prohibited Steps Orders If one parent proposes a course of action with which the other parent objects to e.g. taking child overseas then the court can be asked to prohibit the taking of that step. You can apply for a Prohibited Steps Order. This is a negative Order that stops a person from doing something.

Unfortunately, we do not provide Legal Aid service to clients.  Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. If you are or think you are, victim of domestic abuse, you may be eligible for Legal Aid. Please check onto the Government website Legal aid: Overview - GOV.UK (www.gov.uk) if you are eligible and in case you are, take the necessary steps to protect yourself and your children.

Starting a new business in the UK?

When you take on a new lease or take over an existing one, it is vital that you balance out the competing interests of the Landlord and Tenant in order to limit any restrictions to your business plans or any charge in circumstances. It is also important to ensure that all the terms of a commercial lease are correct before signing it to avoid costly mistakes. 

If you know the Italian law in this matter, you may find difficult understand the law in the UK. There are a lot of differences which may cause you issues in the future. 

There are a number of terms that you need to pay particular attention to such as rent and non-payment of rent, service charge, rent reviews, break clauses, planning permitted uses, repairs, schedule of conditions and dilapidations, covenants and effect of breach of covenants, assignment and underletting, business rates and also licences to the sale of alcohol. 

Vania is qualified in both jurisdictions and will provide you with a bespoke service and having a particular experience in the Hospitality sector will guide you through this process to open your new Italian restaurant in the UK. 

She will help you with negotiating a new lease, renewing an existing one, assigning an existing lease, negotiating head of terms, negotiating and agreeing Licence for Alteration, Rent Deposit Deeds, Agreement for Lease. Taking professional advice from an experienced dual qualified Avvocato and Solicitor will make you sure that you get the best advice about the type of lease to suit your business and the meaning of the clauses of the contract you are entering.

Italy

We are experienced in all aspects of the Italian acquisition and disposal of commercial property for both landlords and tenants and we provide a friendly, professional and cost-effective service.

Our Commercial Property Department cover a broad spectrum of work including:-

• Italian Acquisition and disposal of commercial businesses and assets
• Italian Sale, purchase and leasing of all types of property including offices, shops and restaurants.
• Italian Commercial leases - drafting, negotiating and renewal. A commercial lease is a legally binding contract made between a landlord and a tenant and the documentation relating to leasehold premises can be complex as commercial leases usually involve very significant obligations and responsibilities so don’t take the risk, have the matter dealt with by our specialist property department.
• Italian Landlord and tenant issues and disputes

We can provide a fixed fee quote tailored to your requirements.