Right now she leaves in Germany while I’m still living in Italy, we have both decided to go for devorce, since there is no love anymore, and she has found someone else that she want. Divorce has been possible in Italy only since 1970. Personal relationships: legal separation (by order of the court or by mutual consent) removes the requirement for all forms of assistance associated with living together. they were unaware of the impediment when they married), the marriage is deemed valid until it is annulled, and the annulment is effective only from the time it is ordered (the ‘putative marriage’ principle (matrimonio putativo)). By going down this route, couples are able to prevent court proceedings from being initiated (Sections 2 and 6); 2) if they do not have any children who are not yet of age or who are of age but have serious disabilities or are not financially independent, spouses have recently been given the possibility of reaching, before a civil registrar, an agreement confirming their legal separation or the dissolution or cessation of the civil effects of their marriage, or amending the conditions governing their separation or divorce (Section 12). Within a month, if opposite opinions do not exist, the agreement would be transcribed at the office of the civil state. 2. impedimentum criminis: a marriage is entered into by two people one of whom has been convicted of the murder or attempted murder of the spouse of the other; the invalidity is absolute and irremediable, and may be invoked by either spouse, by the public prosecutor or by anyone with a legitimate interest. The so-called “shared custody” grants parents an equal role in the upbringing of their children, even if they don’t all live under the same roof, the child will be resident at the house of one of the two parents. Those voting "yes" wanted to outlaw divorce as had been the case before the law came into effect, and those voting "no" wanted to retain the law and their newly gained right to … If the marriage was contracted under the Civil Code, the divorce dissolves it, and if the parties were married in church, with the marriage being duly recorded in the civil register of births, marriages and deaths, the divorce terminates its effects in civil law. The spouse who acted in bad faith is required to pay fair compensation corresponding to maintenance for three years and to pay further maintenance if no other persons have an obligation to provide support. Click the button below to request legal consultation. The parent who looks after the children for the most amount of time tends to be granted the family house. The public prosecutor must take part in the proceedings. Judicial separation in Italy How to get a divorce (judicial separation) in Italy | Italian Law Firm | Lawyer Italy. Please note that we discussed trying for a baby right after we get married and even started 2 weeks prior to our wedding, me coming off the pill last month. criminal proceedings regarding one of the offences listed under points 1b) and c) were discontinued because the offence was time-barred, but the divorce court establishes that the offence in itself would otherwise have given rise to criminal liability; criminal proceedings regarding the offence of incest ended with a finding that there was no criminal liability because the act did not create ‘a public scandal’; the other spouse, being a foreign national, has obtained the annulment or dissolution of the marriage abroad or has entered into a new marriage abroad; one of the spouses has officially changed sex: in this case the divorce application may be submitted either by the person who has changed sex or by the other spouse. Under Sections 117 et seq. Only a subsequent divorce means the break-up of the marriage or the end of the civil effects. What are the legal consequences of a divorce as regards: the personal relations between the spouses (e.g. Our mariage is registrated in Thailand and Italy, in Thailand I can get the divorce fast and without any problems, but in Italy I am not sure how a divorce can happends. Your respond to my questions is highly appreciated. And how long will it take? Article 89 of the Civil Code says that: “New marriages are temporarily prohibited. In a majority of cases, divorce in Italy follows a one-year separation period (only 6 months for consensual divorce: “fast track” divorce reform of April 2015). Failure to make the maintenance payments is an offence under Section 570 of the Criminal Code. This separate path is defined by the “judicial separation code” since the final provision request constitutes the outcome of a contentious civil process: a ruling that arranges for the personal separation of spouses. These checks must be carried out even if the two spouses lodge a joint application for divorce; the agreement of the spouses is not in itself a ground for divorce – in reality, therefore, there is no such thing in Italy as a divorce by mutual consent: the court must always establish the facts underlying the application before granting a divorce. 4. one of the spouses was not of sound mind (incapacità naturale); the marriage can be challenged by a spouse who, though not certified as incompetent, proves that he or she contracted the marriage while of unsound mind; the application may not be lodged if the couple has lived together for more than a year since the applicant regained his or her mental faculties. I’ve no one I can talk to. My spouse doesnt have a address in Italy anymore. In the absence of dependent children, if an agreement is reached, it would have to be authorised by the public ministry. Are there alternative non-judicial means for solving issues relating to the divorce without going to court? Divorce in Italy can be both simple and quick, if an agreement can be reached with the future ex-spouse. My question is I want to know if he will file for a separation or divorce; he must come to Italy personally and start the process or he can do all over the phone from Saudi to Italy? The 1978 law, updated in 1987 and referred to as the Italian Divorce Law, is the current source of law for divorce in Italy. He no longer wants to stay married after just a few months. The divorce dissolves the joint estate established by law (comunione legale, which includes all purchases made by the spouses jointly or separately during the marriage, apart from the personal items listed in Section 179 of the Civil Code) and also any fund set aside for the needs of the family (fondo patrimoniale). Separation with and without responsibility: separated spouses who are not held responsible for the separation continue to enjoy the same inheritance rights as spouses who are not separated. It can happen that the situation of the ex spouses changes and that this should necessarily be ratified in court. A spouse who is divorced but has not remarried and who is entitled to maintenance is also entitled to a share of any severance payment made to the other spouse. Non-final rulings in divorce proceedings (e.g. The new Divorce Law in Italy In Italy, divorce proceedings are divided between the following: the joint divorce in which both spouses agree on the terms of the dissolution, and the contested divorce in which the parties have not reached a mutual agreement. rulings on responsibility or on maintenance payments) cannot be challenged at a later stage, i.e. In Italy, the spouses can apply for divorce after six months of consensual separation or after one year of judicial separation. It generally takes 6-8 months to obtain a (provisional) Separation Order either by mutual consent, or whereby it is not viable, via a judicial decision granted by a judge. If the spouses acted in good faith (i.e. 7. duress, fear and error: consent was extorted under duress, or was due to exceptionally serious fear of events outside the spouse’s control; or there was mistaken identity, or an error regarding an essential personal prerequisite of the other spouse, pursuant to Section 122 of the Civil Code; applications may be brought by the spouse whose consent was defective on one of these grounds, unless the spouses have lived together for one year after the threat of violence or the source of the fear has come to an end, or after the error was discovered. The proceedings are simplified. 12 bis, L. 898/1970). What does the term “marriage annulment” mean in practice? A Guide to Divorce in Italy Divorce in Italy. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. I am living with another man here in Thailand. Hi, my husband is Italian but also an American citizen and we live in the USA. I should have said no at the alter but I felt bad for my parents dragging them all the way to Italy for my wedding and calling it off last minute. Furthermore, ownership of the house, of the property and of other possessions have to be decided. You can be divorced in Italy if your marriage took place there or if one of a couple is Italian or a resident in the country. After law 55/2015 for quick divorces came into effect on the 26 May 2015, in order to dissolve a marital partnership in Italy, six or twelve months must pass for mutual and judicial separations respectively. I’m devastated I’ve got myself into this and I’m in such a dark place of my life now, I really would appreciate your help and advice. Can I obtain legal aid to cover the costs of the procedure? A spouse in need is still entitled to receive maintenance, i.e. The arrangements in subsections four, five and six of article 84 and of subsection 5 of article 87 apply. The applicant is responsible for ensuring that the other spouse is notified of the application and of the order of the presiding judge setting the date for the hearing of the spouses. What does the legal term “legal separation” mean in practical terms? The translations have been done by the European Commission service. The initial separation can also be requested by just one of the spouses. The wife must give up the husband’s surname, unless the judge allows them to keep it. Where only one of the spouses acted in good faith, the marriage has effects for the benefit of that spouse and any children. Separation is the only way that leads to divorce in Italy but it is not a path with no going back. The law lays down the legal requirements for divorce (see section 2). Before the divorce, the parties must obtain separation first. This procedure will cancel the effects of the marriage, comprised all the duties from one spouse to the other. How we can get divorced ? The reasons behind this phenomenon. If the parties fail to comply, the court may refuse to approve the separation. The proceedings take the form of a special fact-finding procedure governed by rules different from those applying to ordinary proceedings, particularly in the preliminary stage (this is basically a two-tier process: the conciliation phase and the examination-litigation phase). I now have dual citizenship after 17 years of marriage . We have two children 6 and 12, and current living in the Netherlands for the last 7 years. In 2019, there were about 1.8 million divorced people in Italy. Add roughly one more year to obtain the divorcée status if no dispute follows the Separation Order. The term of six months after which you can request a divorce in Italy starts from the date of the hearing. After I lost my job in Dubai in 2017 I moved with my kids to Italy and my husband remained in Saudi Arabia as live and work there since 2016. Spouses of a different nationality are subject to the law of the country in which most of their marital life takes place; however, where the law of the country in question does not provide for legal separation or divorce, the Italian court will apply Italian law. We were married in South Africa but was that that time living in Italy. The public prosecutor must take part in the proceedings. Divorce in Italy also includes a definitive decision on the custody of potential children, but normally the one that is established is ratified during the separation. To a lesser extent, Sections 706 et seq. In exceptional cases, the court may also place responsibility for the separation on one of the spouses: this has implications for the award of maintenance during separation and after divorce, and for inheritance rights. For two non-Italians or … The prohibition ceases from the day on which the pregnancy ends.”. Today, the timeframe has been extremely reduced: In case of the death of the former spouse, in the absence of another marriage, the spouse that until now has received the maintenance allowance (not having remarried on their part), will have the right to the widow’s pension, as long as the employment relationship from which the marital compensation originates comes before the settlement for a divorce in Italy. Hi there Good evening I have a question. When spouses do not agree on the conditions of the separation, judicial or contentious separation can happen. Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. Italy’s Soaring Divorce Rate According to the National Statistics Agency Istat, Italy's divorce rate is increasing. Before 1970, there was no provision for divorce in Italian law, and the difficulty of ridding oneself of an unwanted spouse in the abs… Legal separation may be by order of the court or by mutual consent. Sources: Law No 898 of 1970 as amended; in the case of legal separation, Sections 706 to 711 of the Code of Civil Procedure also apply. If the parties reach an agreement it can be substituted with an allowance given to one solution subject to the consent of the court that is to make sure that the amount is enough. Either party may challenge a decision on recognition before the court of appeal which issued the decision, within one month of its notification (two months if the other party is resident in another country). Sources: Law No 217 of 1990, as amended by Law No 134 of 2001. When separation occurs by mutual consent, the spouses provide a common request before the President of the Court, in order that they might support their approval. I pray that you can give me some solid answers. I got married in Rome, Italy 3 days ago and I’ve made mistake marrying my husband. I have been married with my wife for about 6 years now. The eligibility conditions can be found in Law No 1990/217 and in the fact-sheet on legal aid. An action for annulment of a marriage is not transferred to heirs unless the judgment is already pending. In Italy, divorce was introduced by Law no. Other effects: in the event of non-compliance, the separation order gives an entitlement to the registration of a judgment mortgage; and, on the entitled person’s application, the court may order the seizure of the assets of the liable spouse or issue an order for attachment of earnings. A parent who lives with a minor child may be granted the right to continue to live in the former couple’s home where it is in the child’s interest to remain in that home. Spouses who fail to pay maintenance in the event of separation or after divorce commit the offence of failing to assist their family (Section 570 of the Criminal Code). On May 26, 2015 divorce in Italy has opened up to a “quick” formula (L. 55/2015), thus allowing the spouses to put an end to the marriage civil effects in shorter time compared to the past. In Italy an old custom is still in force by which a woman, before getting re-married, and once she has obtained a divorce agreement, must wait for at least three hundred days to avert potential cross-over pregnancies. We got married in Italy in commune, and we have two children, one is 6 and the other 3. The court granting the divorce will award joint custody of minor children; only in exceptional cases are the children placed in one parent’s exclusive custody. In 1991 in Italy there were 376 thousand divorced couples, but today the number has practically quadrupled, reaching 1 million and 672 thousand. 3. the marriage cannot be contracted owing to the mental infirmity of one of the spouses; the order declaring such infirmity may be issued even after the wedding, where the infirmity is shown to have existed at the time of the wedding; the marriage may be contested by a guardian, by the public prosecutor or by anyone with a legitimate interest. The divorce rate in Italy is still lower than in other large European countries. Spouses can be reconciled if and when they want. Under this, a final divorce decree can only be issued by a judge after three continuous years of legal separation. What should I do to have a decision on divorce/legal separation/marriage annulment issued by a court in another Member State recognized in this Member State? His ex wife, also Italian lives here in USA. The separated spouse has the right to the widow’s allowance unless the separation has already been charged to them and that the court has not recognised their right to receive the allowance. In case of a lack of agreement, the fate of the divorce is decided by lawyers, within the limits of their role and remit, and by the judge. An abrogative referendum on the divorce law was held in Italy on 12 May 1974. If in any case there is a surviving spouse with the requirements for the widow’s pension, the court would have to establish, based on the duration of the marriages as well, and the extent of the need, the amount to be handed out. | P.IVA: IT06239130823, If one of the spouses committed a very serious crime, If one of the spouses legally changed their gender. In 1974, in a referendum, the majority of the population voted against a repeal of the divorce law. He tells me to go stay on my own, threatening me that he has the power to send me back to my country without citizenship. It is up to the Court to approve the separation, as an alternative this can be the effect of an “assisted negotiation” agreement, and be established by lawyers, or signed before the mayor. Voters were asked whether they wanted to repeal a government law passed three years earlier allowing divorce for the first time in modern Italian history. Would that qualify to get annulment since my husband now doesn’t want to have a baby with me? In this case, one would resort to a civil trial. My husband announced the day after we got married he wants to use condoms coz he doesn’t want to have a baby with me telling me our relationship is not stable calling us getting married the biggest mistake of our lives. By way of Decree-Law No 132 of 12 September 2014, which was converted into Law No 162/2014, the Italian government made provision for two new alternative procedures that do not involve the courts: 1) the parties may draw up a negotiation agreement in the presence of a lawyer, and thus have the possibility of amicably resolving their dispute out of court, with the assistance of lawyers. As for divorce, according to the Italian Law, it is possible to distinguish between: - judicial divorce, involving a presidential phase and an investigating stage; - amicable divorce, involving a first step before the President of the Court and the second step in chambers. My question: should he support me financially when I get out of his house because I cannot afford it? This site uses Akismet to reduce spam. Reconciliation brings an end to the effects of the separation. And so, while not supported by sacramental formulas, this declaration must possess the requisite formal acts to make it verifiable at any moment. Spouses of a different nationality are subject to the law of the country in which most of their marital life takes place; however, where the law of the country in question does not provide for legal separation or divorce, the Italian court will apply Italian law. What are the legal consequences of legal separation? since he is not living in Italy, am I obliged to stay with the kids herr until the separation or the divorce take place and he remain living in Saudi or we must all of us leaving in one common country? In 2016, there were 1.6 divorces in Italy for every 1,000 inhabitants. The order authorising the spouses to live separately is sent to the civil registrar so that the dissolution of the joint estate can be recorded. If the separation was consensual, the divorce can be filed after 6 months. 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