Family: Separation and Divorce Proceedings in Italy
By: Fernanda Stefani (Solicitor) and Giuseppe Coppola (Italian Lawyer)
To go through a divorce in Italy you must pass through an initial phase of separation. Separation does not bring the marital relationship to an end, but reduces the effects of it.
When separation occurs by mutual consent, the spouses provide a common request before the President of the Court, when spouses do not agree on the conditions of the separation, judicial or contentious separation can happen.
In Italy a divorce generally follows a one-year separation period. In cases of consensual divorce, only a six month separation period is generally required. You can apply for divorce in Italy if the marriage took place there or if one of the spouses is Italian or a resident in Italy. For two non-Italian citizens or when only one partner is Italian, foreign law may take precedence over Italian law.
Divorce proceedings can occur by mutual agreement where both the spouses agree on the terms of the divorce before filing a joint application for divorce with the court. You can both be represented by the same lawyer if no conflict of interest arises.
If the divorce is contested either spouse can apply to file the petition for divorce and the grounds for divorce are indicated in art.3 of the Divorce Statute law 898/1970.
If you need assistance with a consensual or a contested divorce, assets division or child custody proceedings in Italy or the United Kingdom, contact our specialist Italian qualified and English qualified family lawyers on email@example.com for a same day appointment.
At Coppolaw we are open 7 days a week and able to assist with urgent proceedings.