Divorce in Italy

• We support both Italian citizens and expats who are contemplating or pursuing a divorce in Italy. 
• We provide expert guidance through the intricacies of Italian family law in English, to ensure full comprehension at all times.

In Italy, divorce is regulated by a combination of laws that have evolved over time to address the changing societal attitudes towards marriage and separation. The key legal instruments governing divorce include:

• Law No. 898 of 1970: Introduced as the first law to regulate divorce in Italy, it marked a significant societal shift by allowing couples to legally end their marriages. This law outlines the conditions under which divorce can be granted, such as after a legal separation period. The law has undergone amendments to adapt to changing societal norms and legal requirements.
• Law No. 74 of 1987: This law reduced the mandatory separation period required before filing for divorce, making it easier for couples to proceed with divorce filings. The separation period was further adjusted in subsequent years.
• Law No. 55 of 2015 (Cirinnà Law): While primarily known for introducing civil unions for same-sex couples, this law also made significant changes to divorce proceedings for all couples. It notably reduced the separation periods required for divorce, accelerating the process for consenting couples. The separation period before filing for divorce was shortened to six months for judicial separations and to one year for consensual separations.
• Italian Civil Code (Codice Civile): The Civil Code contains provisions related to family law, including marriage, separation, and divorce. It outlines the rights and duties of spouses, procedures for separation, and the division of assets upon divorce.

Divorce in Italy can be pursued following two main types: judicial separation (separazione giudiziale), where spouses live apart but remain legally married, and divorce (divorzio), which legally ends the marriage. There are primarily two procedures for obtaining a divorce:

• Consensual divorce (divorzio consensuale): where both parties agree on the terms of the divorce, including financial settlements and arrangements for children.
• Contentious divorce (divorzio contenzioso): where the parties do not agree, and the court decides on the terms.

To utilise our divorce in Italy service, there are a few key requirements:

1. Residency in Italy: Either you or your spouse must be a resident in Italy or have had your last place of residence as a married couple in Italy, even if the marriage was not registered in Italy.
2. Duration of Marriage: The marriage must have lasted for a minimum of three months before divorce proceedings can be initiated.
3. Complexity: The complexity and cost of the divorce can vary based on factors such as the level of agreement between spouses, child custody arrangements, asset distribution, and the presence of prenuptial agreements.

1. Initial Consultation: We start with a detailed consultation to understand your unique situation and provide legal advice.
2. Filing for Divorce: Assistance in preparing and submitting the divorce petition to the competent court.
3. Court Proceedings: Representation during court hearings, addressing issues like grounds for divorce, asset division, child custody, and financial support.
4. Finalisation: Guidance through the completion of the divorce process and the implementation of the court’s decision.

• Expertise in Italian Family Law: In-depth understanding of Italian divorce laws and legal procedures.
• Personalised Support: Tailored advice and support throughout the divorce process.
• Focus on Amicable Solutions: Aiming for amicable resolutions to minimise conflict and emotional distress.
• Language Support: All advice and assistance provided in English throughout.

• Legal Representation: Skilled advocacy in court and during negotiations.
• Documentation and Filing: Managing all necessary paperwork and electronic filing requirements.
• Child Custody and Financial Settlements: Expert advice on sensitive matters like child custody and financial arrangements.