Legal Question in Family Law in Italy

Divorce and annulment of marriage with a UE citizen do not cause the loss of the right of residence of Union citizens' family members who are not nationals of a Member State provided that:

1)they have acquired the right of permanent residence (which is acquired after 5 years of LEGAL RESIDENCE together with the UE citizen);

OR

2) any one of the following conditions:

a) the marriage 'lasted at least three years, including at least one year in the country, before the start of proceedings for divorce or annulment;

b) The one who is not a national of a Member State has custody of the children of Union citizens on the basis of agreement between husband and wife or court order;

c) the one who is not EU citizen is victim in a criminal trials, pending or defined with conviction, for crimes against the person committed within the family;

d) the one who is not a national of a Member State has, in accordance with an agreement between the spouses or by court order, a right of access to a minor child, provided that the court held that such access must be made in Italy, and until they are deemed necessary.