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What should I expect during divorce proceedings?

Once the required period of uninterrupted separation has passed, spouses may initiate divorce proceedings. The process varies significantly depending on whether the spouses agree on the terms (joint petition) or not (contested petition). Recent changes introduced by the Cartabia Reform (Legislative Decree No. 149/2022) have streamlined procedures for both types.

A. JOINT (CONSENSUAL) DIVORCE

This is the quickest and most straightforward route, available when spouses agree on all aspects of the divorce, including child custody and financial arrangements.

KEY STEPS

Filing the Joint Petition

The petition is filed at the court in the district where minor children reside, or where one spouse is domiciled.

It must be signed by both spouses and their lawyer and include the agreed terms on child custody and maintenance, as well as the financial arrangements.

When filing, income and asset documentation for the past three years must also be provided.

Hearing or Written Submissions

The court president may schedule a hearing before the judge. The Cartabia Reform allows the hearing to be replaced by written statements if both parties declare they do not wish to reconcile.

Appearance Hearing (if not replaced)

The judge confirms the spouses intent to divorce and verifies that reconciliation is not possible. At this stage, additional documentation or clarification may be requested.

Court Decision

The court approves the agreements, provided they are in the best interest of any children involved. If necessary, the court may request changes to the proposed arrangements.

The final judgment is sent to the civil registrar to update the marriage record.

Note: Spouses may waive spousal support if they declare financial independence.

B. CONTESTED (JUDICIAL) DIVORCE

If the spouses cannot reach an agreement, one party may file a contested petition. The court will then decide on all unresolved matters, including custody, financial support, and property division.

KEY STEPS

Initial Filings

The petition outlines all requests and includes financial documentation. At this stage, the court sets a hearing date and a deadline for the other spouse to respond.

First Hearing and Temporary Measures

The judge attempts reconciliation.If unsuccessful, temporary orders are issued to manage custody, residence, and financial support during proceedings.

Evidentiary Phase

Both parties submit briefs, documents, and evidence (witnesses, expert reports).The judge may order investigations into the spouses actual financial situations.

Spousal Support Decision – Two-Phase Approach

Phase 1 – An debeatur: Determines whether one spouse is entitled to support, based on financial need and inability to self-support.

Phase 2 – Quantum debeatur: If entitlement is confirmed, the court sets the amount, considering factors such as marriage duration, financial conditions, and contributions to family life.

Child-Related Decisions

The court issues final orders on custody, residence, visitation, and maintenance.

Shared custody is generally preferred, and the family home is typically assigned to the custodial parent.

Final Judgment

The court concludes the proceedings by dissolving the marriage and ruling on all related matters.

 

Types of clients we serve

WEALTHY INTERNATIONAL INDIVIDUALS

We advise internationally mobile clients with personal, financial or business ties to Italy, alongside assets in the UK or other jurisdictions. These matters typically involve high-value cross-border wealth and offshore structures, requiring expertise in jurisdictional overlap.

WEALTHY ITALIAN INDIVIDUALS

We work with Italian individuals and families, from affluent professionals to aristocrats with generational wealth. These matters often involve domestic and international assets tied to family interests, reputation and long-term preservation.

HIGHLY SUCCESSFUL ENTREPRENEURS

We advise founders and entrepreneurs whose wealth is closely linked to privately held businesses, often across Italian and international markets. These matters typically involve shareholdings, valuation, ownership and ongoing enterprise.

LEADING FINANCIERS, BUSINESSPEOPLE, AND PROFESSIONALS

We act for globally-minded individuals at the highest levels of finance, business and professional life. These matters typically involve complex remuneration structures and investments shaped by corporate frameworks and personal holdings.

HIGH PROFILE INDIVIDUALS

We represent individuals with significant public visibility, including professional athletes, royalty, global influencers and public figures. These matters typically involve international assets, alongside heightened sensitivity around privacy, reputation and public scrutiny.

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