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Divorce is a legal process that marks the termination of a marriage contract and carries significant legal, financial, and emotional implications. In Italy, divorce laws are governed by the Italian Civil Code and the Code of Civil Procedure.
Mar 1, 2022 · Divorce in Italy, except under abnormal circumstances, is permitted following a period of separation (usually 6 months) after separation by mutual consent, or a year after a judicial separation. Divorce in Italy is typically the result of two separate proceedings: separation, and divorce.
- Definition of Divorce in Italy
- Separation
- When Is It Possible to Ask For A Divorce?
- Is A Peaceful Divorce Possible?
- How Are Assets and Property Divided?
- How Is Alimony calculated?
- How Is Child Custody determined?
- Are Prenuptial Agreements Standard in Italy?
- What Are The Rights of Same-Sex Partners in Italy?
- Answering Your Questions About Family Law in Italy
Divorce is defined as the dissolution or cessation of the civil effects of the marriage when the spouses demonstrate that they no longer have any reason, spiritual or material, to continue sharing their life.
The first step in getting divorced in Italy is to file a petition of separationwith the court. Once the petition is filed, the court will set a hearing date. Before reaching the divorce, the spouses must register their legal separation during which they demonstrate that they do not cohabit. The divorce application can be presented in court one year...
In Italy, both spouses have the right to filefor divorce. The Italian Family Code guarantees this right to both men and women. There is no need to prove who is at fault in order to file for divorce in Italy. However, two conditions must be met. Before declaring the dissolution of the marriage or the cessation of the civil union of marriage, the cou...
Although it is possible to get a divorce in Italy without going through a lengthy and costly court battle, it is not always easy to achieve a peaceful divorce. The Italian legal system can be complex and slow, and getting a divorce in Italy can be stressful. However, Collaborative Practiceis a solution that can make the divorce process go more smoo...
Marriage automatically establishes property as shared assets(comunione dei beni) unless the separation of assets regime (la separazione dei beni) was declared and recorded in the Civil Registrar. Shared assetsare assets acquired as a married couple. Assets owned by a spouse before marriage do not fall under shared assets. When a couple gets divorce...
The Supreme Court’s new interpretation of Article 5 of Law no. 1 (July 2018) divorce allowance requires a “composite” criterion thus eliminating “standard of living” as the divorce allowance recognition criterion. Divorce allowances are based on marriage standards and principles of equal dignity. Therefore, each couple must weigh how much each memb...
In Italy, child custody is generally determined by the court. The court will consider a number of factors when making a determination, including the child’s age, the child’s wishes, the parents’ wishes, and the child’s best interests. Once a custody determination is made, it is typically final. If the parents can agree on how to raise their child, ...
Prenuptial Agreementsare not standard in Italy, but more and more couples take them into consideration. The Italian law does not provide for them and the Church has always expressed opposition. Prenuptial agreements are a hot topic of debate in Italy and opinions are divided. On the one hand, signing an agreement in advance may jeopardize the relat...
In 2016, the Cirinnà law made same-sex civil unionspossible in Italy, legally recognizing same-sex relationships and opposite-sex cohabitating partnerships. Civil unions do not offer the same obligations and rights as marriage and therefore are handled and treated differently by the courts. In the event of a breakup, the dissolution of a civil unio...
The Studio Cecatiello website has an extensive library of questions and answersabout family law, adoption, children’s rights and protection, property law, power of attorney and divorce law in Italy. Studio Cecatiello specializes in Family Law in Italy covering a range of issues such as Family Mediation, Property & Heritage Rights, Separation, Divor...
Jul 8, 2024 · An overview of divorce in Italy. The legal grounds for divorce in Italy. Legal separation. Criminal conviction. Divorce abroad. Changed gender. What to do if your visa depends on your marriage. Getting a divorce in Italy: step by step. The process of getting a divorce in Italy. Cost of getting a divorce.
In Italy, before requesting the divorce (divorzio), husband (marito) and wife (moglie) must obtain the “legal” separation (separazione): “consensual” separation (separazione consensuale) or “judicial” separation (separazione giudiziale).
The Italian Civil Code governs family law in Italy and covers issues such as marriage, divorce, civil union and more. Read our guide to understanding marriage, divorce and child custody laws in Italy.
Jan 27, 2019 · 1. How can we divorce in Italy, and where? Divorce in Italy always follows a judicial proceeding. The couple, or one of the spouses, must lodge an application for divorce (ricorso) in front of the competent court.
