Divorce has been possible in Italy only since 1970. According to
statistical data published by the Italian Central Statistical
Office, only in 2012, for every 1,000 marriages, there were 311
separations and 174 divorces and from among all marriages gotten in
Italy, in almost every fifth marriage, at least one spouse is a
The break-up of a relationship or family can be one of the most
stressful experiences anyone may have to face. Obtaining good
advice about the Italian divorce is key to making the right
decisions and we are here to alleviate the stress and
As leading family and divorce lawyers, we have
an outstanding reputation built up over years of practice in this
We can advise you on all aspects of relationship breakdown,
including the financial implications and arrangements for your
The rule is that the court announces a verdict about divorce,
taking into consideration all legal requirements specified in the
In the first place, the judge tries to reconcile the spouses and
judge if there is permanent and complete disintegration of the
According to Italian law, the formal prior separation is
obligatory and lasts at least 6 months, if both spouses decide to
get divorce by mutual consent, or 12 months, if there is no
agreement between spouses. Before the recent amendment of Civil
Code, separation last at least 3 years. So in fact, the dissolution
of a marriage is a result of two separate proceedings taking place
one after the other (first separation and then divorce).
In 2014 and 2015 there were significant changes in Italian law
which regulate divorce procedure and apart from shortening the
period of obligatory separation, under certain conditions, are
allowed other forms of getting a divorce – as an alternative
to court proceedings, i.e. the negotiations with the participation
of an advocate (negoziazione assistita con avvocato) or agreement
made before the registrar of Public Registry Office (accordo
innanzi all'ufficiale dello stato civile).
In the case of negotiations, the agreement between the spouses
must be concluded with the participation of advocate and each of
the spouses must be represented by at least one advocate. The
agreement is then sent to the Prosecutor, and if he gives a
positive opinion to it, the agreement shall be sent to the
appropriate registrar's office.
As mentioned above, the spouses may also conclude an agreement
on separation, divorce or even change the previously adjudicated
conditions of separation and / or divorce before the mayor
competent for the place of residence for at least one of the
spouses or the place where marriage certificate was drawn up. Also
during this procedure, spouses may be represented by an
In the proceedings before a court, the assistance of a
lawyer is obligatory.
Since 2012 in Italy is valid Council Regulation (EU) No
1259/2010 of 20 December 2010 implementing enhanced cooperation in
the area of the law applicable to divorce and legal separation. It
is applicable only in the EU countries that acceded to it (for
example: Italy, Germany, France and Romania).
According to art. 5 of that Regulation, if certain conditions
are fulfilled, spouses may agree to designate the law applicable to
divorce and legal separation, for example the law of the State of
Divorce creates significant personal and financial challenges.
If you face the prospect of divorce or any other family
law matter that may impact your rights or your
children's future, the lawyer you choose is critical.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Family law is easily misunderstood and its realities can get in the way of a good storyline; nobody really wants to watch reasonable and calm lawyers helping parties negotiate sensible solutions in an amicable way.
"The Family Code of Ukraine of 10 January 2002 No. 2947-III" (effective since 2004) ("Family Code"), sets out the basic principles and regulations of property relations of spouses, including civil agreements, which may be entered into by and between spouses.
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