Italy Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Italy.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
Separation then divorce
Waiting Period
6 months (mutual consent separation) or 12 months (judicial separation)
Average Cost
€2,000–€30,000+
Property System
Comunione dei beni (community of property) default since 1975; can opt for separazione dei beni
Residency
Residence in Italy
Divorce Law in Italy: Overview
Italy uniquely requires a two-step process: legal separation (separazione) first, then divorce (divorzio) after a waiting period. The 2015 'fast divorce' reform (divorzio breve) reduced the wait from 3 years to just 6 months for consensual separation or 12 months for judicial separation. Italy also offers 'assisted negotiation' (negoziazione assistita) since 2014 and even divorce at the municipality office for simple cases. The default property regime is community of property (comunione dei beni), though many couples opt for separation of property (separazione dei beni). Italy's Cassation Court has recently moved toward limiting perpetual alimony, emphasizing self-sufficiency.
Key Legislation
Legge n. 898/1970 (Divorce Law)
First legalized divorce in Italy. Amended multiple times.
Legge n. 55/2015 (Divorzio Breve)
Reduced waiting period from 3 years to 6 months (consensual) or 12 months (judicial).
D.L. 132/2014 (Negoziazione Assistita)
Allows divorce through lawyer-assisted negotiation without court.
Codice Civile Articles 149-166bis
Rules on separation, divorce grounds, and effects.
Grounds for Divorce
- ●Separation: can be consensual (by agreement) or judicial (by fault: adultery, violence, abandonment, etc.)
- ●Divorce: must have completed separation period (6 or 12 months)
- ●Also: annulment (for unconsummated marriages or other specific grounds)
How to Divorce in Italy: Step-by-Step
Legal separation
Must first obtain a legal separation — consensual (both agree) or judicial (contested).
Wait 6 or 12 months
6 months if consensual separation, 12 months if judicial. Clock starts from date of separation hearing.
File for divorce
Can be done through court, assisted negotiation, or municipality office.
Assisted negotiation
Since 2014: lawyers negotiate without court involvement. Faster and cheaper.
Municipality divorce
Available for couples without children and no property disputes.
Court decree
Judge issues sentenza di divorzio. Marriage ends.
Recent Legal Reforms
Divorzio breve: waiting period cut from 3 years to 6/12 months.
Negoziazione assistita: lawyer-led divorce without court involvement.
Cassation Court ruling (sentenza 11504/2017): alimony should consider self-sufficiency, not just marital standard of living.
What Makes Italy Divorce Unique
- →Two-step process: separation first, then divorce — unique among major European countries
- →Three paths to divorce: court, assisted negotiation, or municipality office
- →Community of property by default but separation of property very common
- →Recent judicial trend limiting 'perpetual alimony' in favor of self-sufficiency
Italy Divorce Statistics
~30-35% of marriages
Divorce rate
9-12 months total
Average duration (consensual)
2-4 years total
Average duration (judicial)
~85%
Separations leading to divorce
Italy Divorce Guides
Italy Property Division
How assets and debts are divided
Italy Spousal Support
Maintenance and alimony
Italy Child Custody
Custody and parenting arrangements
Italy Divorce Process & Timeline
Steps and how long it takes
Italy Divorce Costs
Fees, costs, and legal aid
Italy Child Support
Financial support for children
Italy Uncontested Divorce
When both spouses agree
Italy Divorce Mediation
Alternative dispute resolution
Italy Divorce & Taxes
Tax implications of divorce
Italy Domestic Violence & Divorce
Safety and legal protections
Every situation is different
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Legal Disclaimer: This article covers Italy divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Italy for advice specific to your situation.