What's the difference between separation and divorce in Italy?

In Italy, separation and divorce are two distinct legal procedures. Understanding how they differ is essential for deciding what action to take, knowing your rights, and considering the impact on children.

DIVORCE IN ITALY

Known as the dissolution of marriage (for civil marriages) or termination of the civil effects of marriage (for religious marriages), divorce is governed by Law No. 898 of December 1, 1970, with amendments introduced by Legislative Decree No. 149 of October 10, 2022 (Cartabia Reform). Divorce typically requires a prior legal separation.

STEP 1: LEGAL SEPARATION OF SPOUSES

Separation is a mandatory first step toward divorce. It does not dissolve the marriage, but suspends key obligations such as living together and remaining faithful.

There are two types of separation:

• Mutual (Consensual) Separation: Both spouses agree on living arrangements, financial matters, and child custody. The agreement is approved by the court.
• Judicial Separation: If no agreement is reached, the court determines the terms of separation.

STEP 2: CONTINUOUS SEPARATION PERIOD

To file for divorce, the separation must last:

• 12 months for judicial separation (starting from the first court hearing).
• 6 months for consensual separation (starting from court approval, assisted negotiation agreement, or declaration before a civil registrar).

If the couple resumes living together during this time, it may affect the divorce timeline - this must be raised by the other party during proceedings.

STEP 3: DIVORCE PROCEEDINGS

Like separation, divorce can be:

Joint (Consensual) Divorce

• Joint Petition: Filed together with agreements on children and finances, including income and asset documentation.
• Hearing (if needed): The judge may hear the parties or accept written statements confirming no reconciliation.
• Judgment: The court validates the agreements, modifying them if they conflict with the children’s best interests. Spouses may waive spousal support if financially independent.

Contested Divorce

• The court decides on all unresolved issues, including spousal support and child-related matters.
• Spousal Support is determined in two phases:
  1. An debeatur – whether the right to support exists (based on lack of adequate means).
  2. Quantum debeatur – if yes, how much should be paid?
• Children: The court decides on maintenance, care, education, shared custody, and assigns the family home to the custodial parent.

COMBINED PROCEEDINGS: CARTABIA REFORM INNOVATION

Thanks to the Cartabia Reform, since 2023 it’s possible to combine separation and divorce in a single court case. The judge first rules on separation, and once the legal timeframe has passed, proceeds to divorce. This approach saves time and reduces costs.

KEY DIFFERENCES AT A GLANCE

Conclusion

• Separation suspends the marriage and regulates family and financial matters.
• Divorce permanently dissolves the marital bond.
• The Cartabia Reform allows both steps to be handled in one streamlined process.

It is highly recommended to consult a specialist family lawyer to ensure your rights, and those of any children, are fully protected.