Separation and divorce
Consensual and contested proceedings, maintenance, custody arrangements and cross-border situations.
Two distinct stages
Under Italian law separation and divorce remain two separate steps. Separation suspends the duties of married life and settles the practical arrangements; divorce dissolves the marriage bond.
Fast-track divorce shortens the interval between the two: six months after a consensual separation, twelve months after a contested one.
Consensual or contested
- Consensual: the spouses agree the terms and the court approves them — faster and cheaper
- Contested: the court decides the disputed points after taking evidence
- Assisted negotiation: an agreement reached with the lawyers, without a hearing
- Direct application at the registry office: only where there are no children and no asset transfers
What is decided
Custody arrangements and where the children live, the parenting schedule, maintenance for the children and, where the conditions are met, maintenance for a spouse. The family home is normally assigned to the parent the children live with.
The starting point is always the best interests of the child, assessed on the concrete situation rather than on formulas.
Cross-border separations
Where one spouse lives abroad — including in Canada — jurisdiction, applicable law and recognition of the decision must be checked before filing. Getting this wrong can mean a decision that is unenforceable where it matters.
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