Divorce became possible in Italy only in 1970. Italian divorce is considered as a cure for matrimonial failure. That is, when “the common spiritual and material coexistence with the spouses cannot be preserved or reconstituted”. In 2012, for every 1,000 marriages, there were 311 separations and 174 divorces, based on statistical data published by the Ufficio Centrale Italiano di Statistica, and of all the marriages in Italy, in almost one in five marriages, at least one spouse is a foreigner.
Divorce in Italy is fast
It can be fast and easy, if you can reach an agreement with the future ex-spouse. If not, it could be very long and the fate of the divorce is decided by the jurisdiction and by the judge.
Since the implementation of the law 55/2015 for rapid divorce on 26 May 2015, to dissolve a conjugal relationship in Italy, a period of six or twelve months is required for reciprocal and legal divorce. Up to that date, it would have been necessary three years of separation before it could be formalised in divorce. If the two spouses have decided to proceed by mutual agreement, the period is further reduced to six months. The separation thus, does not officially end the marital relationship but limits its effects, including those of cohabitation and loyalty.
How to Recognize the different Divorce Categories
How do you know when a marriage falls into this category? The Italian divorce recognises causes such as: serious criminal conviction for crimes that have become final against third parties, against the spouse or the child, absolute mental defect, the non consumption of the marriage, and separation. In order to consider the separation effective, it is necessary to draw up a consensual judicial separation agreement, or an assisted negotiation agreement authorised by the public prosecutor, or finally, an agreement signed in front of the Mayor.
In the case of a civil marriage, i.e. a marriage contracted in front of a civil officer, the divorce is considered to be the final dissolution of the marriage bond and is ruled by the competent court.
On the other hand, in the case of a holy marriage with civil recognition, i.e. the marriage celebrated in the Church and then recorded in the registers of the Civil State of the Municipality, the consequence of the divorce is the cessation of the civil effects of the marriage; this means that on the religious level the marriage remains, unless its annulment is specifically requested at the Court of the Holy Rota.
Good law advice during this difficult time
The breakdown of a marriage may be one of the most challenging moments that any person can experience. Having a good divorce law advice is crucial in order to take the best choices and that is why we are here, to ease the pressure and disruption from you.
As a distinguished family and divorce lawyer, our expertise has been built across years of experience in this field.
We can provide you with guidance as regards all aspects of the italian divorce law , including financial consequences and provisions for your children.