Summary
Pursuant to the combined provision of Articles 67(3) and 65 of Law No 218/1995, a decision issued in a State that is not part of the European Union (i.e. Ukraine) that has dissolved a marriage between two citizens of said State and that can be recognised in Italy causes a request for separation brought before Italian courts to be inadmissible, even if said courts are competent pursuant to Article 3(1)(a) of Regulation (EC) No 2201/2003 due to the fact that the spouse acting as plaintiff has established his/her habitual residence in Italy since more than one year. A foreign decision declaring a divorce without prior legal separation, and without regulating the rights of custody over children and the rights in property arising out of the matrimonial relationship does not conflict with public policy. In fact, with regard to the first of such issues it is sufficient the ascertainment that the spiritual and material communion of the spouses cannot be restored. Insofar as the other issues are concerned, they can be the object of autonomous proceedings aimed at the revision of the aforesaid foreign decision.