Divorce Italy

If a settlement can be made with the prospective ex-spouse, divorce in Italy can be swift and uncomplicated. If there is no agreement, the court and the attorneys will determine whether or not to proceed with the divorce within the bounds of their authority.

To terminate a marriage partnership in Italy, statute 55/2015, allowing quick divorces went into force on May 26, 2015.

In Italy, a couple may divorce, barring exceptional circumstances, after a certain period (often six months), either by mutual consent or one year following a court separation.

Separation and divorce are two separate legal procedures typically followed in Italy. However, in some circumstances, it may be possible to divorce straight away.

Statistics On Divorce In Italy

In Italy, there were around 1.8 million divorcees. Women comprised over ten million people, while males made up 760 thousand. Italy, nevertheless, has a lower divorce rate than most other major European nations. For every 1,000 residents, there were 1.6 divorces in Italy in 2016. According to data from Eurostat published in April, it is lower than in Britain (1.7 per 1,000), France (1.9), Germany (2.1), or Spain (2.2).

Reasons For Divorce In Italy

Although dissolving a marriage is not always easy, many Italians felt it was occasionally essential. The majority of Italians who were asked why they got divorced or separated said it was because of betrayal or adultery. The fact that the two couples’ love had soured was the second most frequent reason, as seen by this.

• Betrayal or Infidelity
• Because love is over
• aggressive and violent attitude
• had ceased to get along
• Physical distance
• Doesn’t know/doesn’t reply
• Family intrusions
• Poor sex or a lack of sexual desire
• Incompatible characters
• Various perspectives on how to raise children

The reasons for divorce are typically not restricted to personality disputes between the couples and can be a wide range of factors. Some of them lead to an instant divorce, depending on whether or not the issue can be remedied.

• Legal separation of the spouses,
• a quick or direct divorce due to a significant criminal conviction for offences committed within the family
• Acquittal for one of these offences on the grounds of a mental impairment (which is grounds for an immediate/direct divorce)
• Non-consummation of the marriage (direct or instant divorce resulting from this)
• An instant or direct divorce may result from the foreign spouse’s foreign marriage, marriage annulment, or divorce acquired abroad.
• If none of the parties filed an appeal in accordance with the law by appearing before the court of appeal, the court’s decision should be final.

Who Can Get Divorced In Italy?

Even if you weren’t married there, you could apply for divorce in Italy as long as one of you has domicile or citizenship there.

Conditions For Divorce In Italy

The legal conditions for divorce are established by legislation. The court must confirm the legal conditions for the issuance of the divorce order.

Italy has no such thing as a divorce by mutual consent because the court must always establish the facts supporting the application before granting a divorce. This is true even if the two spouses file a joint application for divorce because the spouses’ agreement is not a ground for divorce.

The divorce dissolves a marriage that was entered into in accordance with the Civil Code. It ends the legal consequences of a church wedding properly registered in the civil register of births, marriages, and deaths. Participants in the proceedings must include the public prosecutor.

Law No. 898 of December 1, 1970, as modified by Law No. 436 of August 1, 1978, Law No. 74 of March 6, 1987, and Law No. 55 of May 6, 2015, are the sources.

What Is The Process Of A Divorce In Italy

An application for the dissolution of the marriage must be submitted to the court that has jurisdiction over the petitioner’s home territory or to any court in the Republic of Italy if both of the petitioner’s spouses are living abroad. The lady typically drops her ex-last husband’s name after the divorce. The steps are as follows:

The parties must first seek a decree of separation. This is required. Separation may be mutually agreed upon or ordered by a judge. Consensual divorces often move forward quite quickly; judicial divorces, on the other hand, take longer and depend on each case’s specifics.

One of the parties may request a divorce when at least 6 or 12 months have passed since the separation. Even though they are not required to file for it, getting remarried is their only option. Divorce can be obtained at any moment.

A joint divorce follows a brief hearing if both parties are in agreement. The judge renders a ruling, which is finalized—though the exact timing varies—roughly one month later. There are no assurances about how long any of these processes will take. An estimated cost of between two and three million lire, with attorneys included

The judicial divorce might take longer depending on how many and what kinds of questions need to be answered by the court. Since it depends on the inquiries and concerns involved, no fee estimate is provided for this.

Both forms of divorce will likely require the services of an attorney. The parties should choose an attorney the same way they would in the United States: through a referral from another attorney, the phone book, advertisements, or recommendations from friends or family.

How Long Does A Divorce Take In Italy?

Separation is the first phase, followed by divorce. A (provisional) Separation Order can be obtained in most cases within 6 to 8 months, either via mutual consent or, if that is not possible, through a judge’s ruling.

How Much Does It Cost To Get A Divorce In Italy?

If agreed upon, three months. If judicial, three years. With prices ranging from 1,000 to 10,000 euros – Consensual and judicial separations have substantial variations in timing and costs: in a judicial separation, if the couple is unable to come to terms with the decision to separate, one spouse will file a lawsuit against the other.

Common areas where agreement is required include maintenance payments, child custody arrangements, and other financial details. The price of hiring a lawyer and paying court fees must be considered.

In Italy, 85% of divorces finalized in 2020 were amicable. In this instance, the processes are often swift, with the disputes being settled in 3 months or even five working days if you use the aided negotiating tool allowed by Italian law. In this approach, paying predetermined fees and stamps for a few tens of euros is all that is required to separate through guided negotiation. On the other hand, if legal counsel is offered, the costs might range between 1,000 and 3,000 euros.

However, it’s a different story for individuals who cannot reach an amicable solution; 15% of petitions submitted in 2020 fall into this category. When using a judge, the process takes significantly longer: on average, it takes between two and four years, while extensions of up to eight years is possible depending on how complicated the case is. As a result, the expenses also increase, going from 3,000 to 10,000 euros.

If agreed upon, three months. More than two years if legal. A divorce is legal after six months of a voluntary separation or twelve months of judicial separation, beginning with the first separation hearing in court, and costs between 1,500 and 20,000 euros (the so-called Presidential hearing). In this instance, additional expenses are spent on the separation charges previously incurred (between 1,000 and 10,000 euros per spouse).

72% of divorces in 2020 were unanimous. Similar to the divorce process, this one enables you to finish the paperwork in 3 months through the court system or in 5 working days with help from a mediator. Each spouse’s expenses range from 1,500 to 3,000 euros.

Depending on the case, the periods might exceed two years if the court process is utilized. The cost for each spouse might range from $3,000 to $20,000 due to the intricacy of the case. The most considerable expense, however, is incurred in the case of complete disagreement. In addition to the potential 10-year length of the general cause (separation and divorce), this scenario may also result in additional fees of up to 7,000 euros for private investigators and evaluations.

The separation and subsequent divorce can thus cost anything from 5,000 euros (the lowest if you choose the consensual route without supported discussion) to 60,000 euros per couple, taking into account the fees spent by the single spouse, as shown in the chart. However, divorces involving celebrities and the super-rich are not relevant in this situation because they might cost hundreds of thousands of euros depending on the assets.

Can You Stay In Italy After A Divorce?

According to the 12th article of the Decree, getting divorced DOES NOT automatically result in losing your right to remain in Italy if you are not an EU member. You have satisfied the residency requirement and have obtained a permanent residence card for yourself or family members if you have established more than five years of residence in Italy. 

You can be asked to present proof of residency, depending on your circumstances.

If you haven’t been there long, be aware that there are a few more situations in which your stay in Italy after divorce is protected. To find out if any of these situations relate to you, continue reading:

• Before filing for divorce, you were married for a minimum of three years, one of which was spent in Italy.
• You have custody of your children with your Italian spouse as the non-EU spouse and agree to keep them living in Italy.
• You are a victim of family crimes committed against you by your Italian spouse. You are now a party to a criminal trial, or the trial has already started, and your Italian spouse has been found guilty.
• If the judge considering the divorce case determines that visits to your children must take place in Italy, the judge grants you visitation rights during the divorce decision.

In any of these scenarios, there is no requirement to be married for five years. Your ability to maintain your visa will not be affected by your divorce from your Italian spouse. According to the judgement of the Italian Supreme Court ruling no. 19893/2010, you can also renew that permission.

In these circumstances, there is just one thing to keep in mind. You must be working, self-employed, or have enough financial means for your children in order to maintain or renew your permit. A part of these resources may also be alimony. Even after divorce, you can keep your Italian citizenship if you demonstrate that you have the necessary finances.

Conclusion

There you have it—all the essential legal information and prerequisites for divorcing in Italy. Divorce is never simple, especially when children are involved. The appropriate law and processes for Italians desiring to divorce in Italy are outlined in this article.