Family Law

Separation

There are two types of legal separation in Italy. The first is consensual separation, which stems from a mutual agreement between husband and wife, and which is then approved by the court. The second is judicial separation, in which hearings and discussions are normally involved before an agreement is reached and the judge determines which spouse is responsible for the failure of the marriage.

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Divorce Overview

Divorce in Italy may be obtained on one of the following grounds: After the court has approved consensual separation; after judicial separation; when one spouse has been sentenced for certain criminal offenses; when one spouse is a foreign citizen and has obtained a divorce or has married again abroad; or when the marriage has not been consummated.

If the divorce is based on mutually-requested separation, it may only be obtained after six months of continuous separation beginning on the date the spouses appeared before the court in the proceedings for legal separation. If the divorce is based on a separation that was obtained by one spouse alone, the waiting period is 12 months.