Italian Divorce: An In-depth Look at Legal Procedures

For those in a marital relationship and has an Italian connection, learning about the Italian divorce and separation procedures can be very useful.
Separation and divorce are integral to the modern matrimonial system. If two persons locked in a marriage, but can’t quite live together peacefully or cordially, it’s perhaps better for both to take their own separate ways. Unfortunately, it’s easier said than done.

While divorce is a global phenomenon, not every country has the same set of laws and legal procedures to facilitate it. The grounds on which one can ask for divorce aren’t the same everywhere either. Then there is also the subject of shared finances and the custody of children if any.

Anyways, it’s quite obvious that Italy has its own set of rules and regulations to deal with this sensitive matter as amicably as possible. Consulting an Italian divorce lawyer or a team of family law experts becomes almost a necessity sometimes to aid in the different legal procedures. Then again, having a basic understanding of divorce in Italy can only be beneficial to think things through beforehand.  For instance, Vgs Family Lawyers is a firm of Italian divorce lawyers specialised in supporting and assisting individuals facing the end of a relationship with all the legal issues that may ensue.

So, let’s dive into the legal procedures of separation and divorce in Italy below.

Eligibility of Divorce in Italy

Of course, if both parties or only one of them is Italian, they can apply for a divorce in Italy. The rule is the same if either or both parties are Italian residents. Italian law also permits divorce applications in the country if the marriage took place there.

However, in the case of one party being Italian or an Italian resident, foreign or international laws may take precedence over Italian law.

Overview of Legal Separations in Italy

When a couple decides to divorce, the first step is legal separations. The process is regulated by the Italian Civil Code, the procedural code and other related statutes. There are two slightly different procedures for the two most common instances.

When both parties in a couple mutually agree to be separated, it is called consensual separation. In the instance where husband and wife can’t come to a mutual decision, it falls under judicial separations.

As you could imagine, consensual separation is way faster than judicial separation. It involves a quick hearing and takes about a month or so before the court approves the separation and make it legal. On the other hand, judicial separation may involve multiple hearing depending on the issues and the conflicts to be resolved. As the judge also needs to decide which spouse is responsible for the failure of the marriage, the timeframe can’t be estimated beforehand.

Legal separation in Italy requires the spouses to come to a temporary determination of the personal and financial circumstances. There can also be some interim orders regarding any patrimonial issues and ancillary reliefs.

Note that legal separation in Italy is only a temporary measure and doesn’t break off the marriage. What it does, however, is pausing the duty of cohabitation and the duty of infidelity bestowed upon the spouses through matrimonial bonds. It also divides all the assets that are co-owned by the couple.

Overview of Divorce in Italy

Under the Italian Civil Code that specifically regulates the divorce proceedings, a divorce is the legally binding dissolution of marriage. It puts an end to all the legal responsibilities and duties of marriage.

In most cases, divorce procedures in Italy involve a one-year separation. Since the divorce reform that came into play in 2015, consensual divorce can be fast-tracked to involve only 6-months of separation period.

In a consensual divorce, both applicants can file an application together and be represented by the same lawyer if they choose. In a contested divorce, each party has the right to file for divorce.

There are no minimum standards for the division of matrimonial assets in the case of consensual divorce, as the court is usually reluctant to intercede the couple’s mutually decided terms and agreements. However, if there are any children involved, the court may overrule a Consent order for the benefits of the children.

Legal Procedures of Divorce in Italy

To obtain a divorce in Italy, the first step is to file a petition to obtain the dissolution of the marriage. It must be filled with the territorial jurisdiction in which the applicant resides. If both the husband and the wife reside abroad, it can be filled in any court of the Republic of Italy.

The next step is to obtain a separation decree, which is mandatory for an Italian divorce. After 6 to 12 months of separation, either one of the parties can file for a divorce to start the procedure. Following the divorce, the woman usually loses the last name if she adopted it from the husband.

If the couples are okay with just separation, the court doesn’t have any qualms about it. However, be mindful that legal divorce is the only way for the couple to get remarried.

Other Issues Involving Divorce in Italy

If the couple has any children, the court would decide who gets the custody, while also establishing the support the other spouse would have to provide. In the case of parental authority as well as the amount and the type of child support, a review of the primarily agreed terms can be requested by any spouse. The custody usually goes in favour of the mother. However, a 10-years old can decide for themselves with whom they want to stay.

A partner can also seek spousal support, especially if she or he is not responsible for the collapse of the marriage and doesn’t have sufficient means to support herself or himself.

Conclusion

In any country in the world, the divorce procedure seems to be quite complicated; especially if it’s contested. The Italian law permits for both consensual and contested divorce, with the former being the quickest and the simplest.

Anyhow, it is always best to seek the consultancy of a family lawyer well-versed in the Italian divorce procedures.

In the event you are looking for more information about assistance to English-speaking people facing divorce procedures in Italy you can contact Vgs Family Lawyers at info@vgslawyers.com