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.
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.
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:
To file for divorce, the separation must last:
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.
Like separation, divorce can be:
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.
|
Aspect |
Separation |
Divorce |
|---|---|---|
|
Ends the marriage? |
No |
Yes |
|
Can you remarry? |
No |
Yes |
|
Purpose |
Regulate marital life |
Permanently end the marriage |
|
Minimum duration |
None |
6 or 12 months of separation |
|
Court involvement |
Always |
Always |
It is highly recommended to consult a specialist family lawyer to ensure your rights, and those of any children, are fully protected.
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