Italian Law

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What we can help with

Jules Marra is an Italian speaking, and Italian qualified lawyer. We work together with our Italian law firm to assist with any legal issues you may have in Italy, or specifically covered under Italian jurisdiction. SGM Legal will take care of you in Australia, while our Italian partner firm will handle all of your legal issues in Italy.

Estate Planning and Wills

Estate planning and administration becomes difficult when not all the assets, executors or beneficiaries are in the same country. SGM Legal can assist you in navigating these complexities.

There are significant differences between Italian and Australian laws, particularly governing deceased estates, and the validity and power of wills, and inheritance. For example, in Australia, you are able to gift your estate in its entirety however you wish. In Italy, however, there are specific laws about what portion of your estate you can gift to people or organisations other than family members. Italy has laws that govern specifically what percentage of your estate you must gift to your spouse and your children, for example. This can cause complex legal issues when a loved one dies where they have property or interests in both Australia and Italy.

SGM Legal, and our partner firm in Italy, can assist you with these issues as well as preparing and/or reviewing wills and powers of attorney to ensure they comply with Australian and Italian legal requirements and governing deceased estates and the validity and power of wills, which span across Australia and Italy.

Importing & Exporting

Importing and exporting Italian or Australian produce and goods is also a complex area of law where disputes often arise. Many companies in Australia and in Italy are exporting Italian produce, such as wine, cheese, meats and deli goods to the Australian market. However, not only are the import and exports obligations and duties very specific for both Australia and Italy, Italy is governed by local and European laws. Where disputes arise in this instance, an Italian lawyer familiar with the local and European laws will explain your rights and obligations and advise you as to the best legal options to resolve the problem.

International Family Law can be complex, and cross-jurisdictional issues may arise in relation to custody disputes or divorce proceedings. Some issues that can arise from international family law include:

  • If you are an Australian based overseas, will your marriage or divorce be recognised in Australia?
  • Will an Australian binding financial agreement be enforceable abroad?
  • Will a court order from an overseas country be enforceable in Australia and vice versa?
  • If your relationship breaks down while you are overseas, can you file divorce or children’s proceedings in Australia?
  • Is it possible to select the jurisdiction of your choice for divorce, financial or children’s proceedings?
  • If so, which jurisdiction would be best for you?

SGM Legal and our partner firm in Italy are here to help you navigate these complexities during what is often an emotional and highly stressful time.

Pensions

According to the last Australian Census in 2016, there are over 60,000 Italian citizens living in Melbourne, with approximately 40% of pension age. Our Italian lawyers are able to assist you with questions about your Italian pension entitlements and any possible superannuation you might be able to claim. SGM Legal can also provide advice on the legalities and impact on both your Italian pension and Australian pension.

International Family Law

International Family Law can be complex, and cross-jurisdictional issues may arise in relation to custody disputes or divorce proceedings. Some issues that can arise from international family law include:

  • If you are an Australian based overseas, will your marriage or divorce be recognised in Australia?
  • Will an Australian binding financial agreement be enforceable abroad?
  • Will a court order from an overseas country be enforceable in Australia and vice versa?
  • If your relationship breaks down while you are overseas, can you file divorce or children’s proceedings in Australia?
  • Is it possible to select the jurisdiction of your choice for divorce, financial or children’s proceedings? If so, which jurisdiction would be best for you?

SGM Legal and our partner firm in Italy are here to help you navigate these complexities during what is often an emotional and highly stressful time.

Other Areas

SGM Legal also assists with reviewing documents in both Italian and English, such as business contracts, employment contracts, deeds, transfer of land, wills, and powers of attorney. Whatever you relationship with Italy may be, SGM Legal can assist you with all your Italian-Australian questions.

Other areas SGM Legal can assist with include:

  • Transfer of land
  • Buying and selling real estate
  • Employment contracts
  • Receiving your superannuation when you have worked in both Australia and Italy

Contact us for all of your Australian-Italian legal needs.

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