Legal separation in Italy in 2025

Discover the rules on legal separation in Italy following the Cartabia Reform. Streamlined procedure, shorter timelines, and new provisions for couples.

Legal separation marks a sensitive step in the life of a couple, as it corresponds to the moment they officially decide to part ways.

In some countries, such as Italy, legal separation is a mandatory step before filing for divorce, while in others divorce may be requested directly.

From a legal standpoint, separation is a temporary suspension of certain obligations arising from marriage and its civil effects, governed by the same laws that regulate divorce (Law no. 898/1970 and subsequent amendments).

The legislator’s intention is that the period of separation allows spouses to attempt reconciliation.

What is legal separation in Italy?

Legal separation in Italy is the process by which spouses suspend their marital obligations in anticipation of their full dissolution.

Separation does not dissolve the marriage bond but is the only legal route towards doing so.

In recent years, the separation process has been simplified and expedited thanks to the so-called Cartabia Reform.

Depending on the relationship between the spouses, separation can take two forms:

• Mutual (or consensual) separation: The spouses reach an agreement on all issues (child custody, maintenance, division of property, etc.) and jointly file a petition with the court.
• Judicial separation: If no agreement is reached, one spouse files a petition, and the court decides the terms of separation.

There is also a third form known as de facto separation, which has no legal effect but is a private decision.

Key changes introduced by the Cartabia Reform

The Cartabia Reform (Legislative Decree 149/2022), in force since 1 March 2023, has revolutionised Italian family law.

It simplified the procedures for both separation and divorce, introducing the possibility to combine both petitions into a single procedure.

It also places greater emphasis on child protection.

Main changes include:

1. Unified Procedure for Separation and Divorce

A single procedural track now applies to all cases relating to family, minors, and personal status, as governed by Articles 473-bis and following of the Code of Civil Procedure.

This means separation and divorce follow the same process, making it easier for the parties involved.

• Joint Filing of Separation and Divorce

It is now possible to file for both separation and divorce in a single petition.

This enables a court ruling on separation, and after the legal period has passed, divorce can proceed without initiating a new case.

• Shorter Waiting Periods for Divorce

The time required before applying for divorce after separation has been reduced:

• 6 months in the case of mutual separation
• 12 months in the case of judicial separation

These timeframes start from the court appearance of the spouses.

• Greater Focus on Child Welfare

The reform prioritises the interests of minor children, introducing:

• The obligation for the judge to hear children capable of discernment
• The possibility to adopt urgent protective measures
• The promotion of family mediation to resolve parental disputes

Procedure for mutual separation

Thanks to the Cartabia Reform, mutual separation now follows a simplified process:

1. Filing a joint petition: With the assistance of their respective lawyers, the spouses file a joint petition with the clerk’s office of the court that has jurisdiction based on the residence or domicile of at least one of them.
2. The case file must include:

• Petition
• Extract of the marriage certificate
• Family status certificate
• Residence certificate of both spouses
• Copies of income tax returns for the last three years
• Copies of ID documents and tax codes of both spouses
• Court hearing: Within 90 days of filing, the couple is summoned to appear before the President of the Court.

The judge, in accordance with legal obligations, will attempt reconciliation by hearing the spouses separately and then together.

• If the couple confirms their intention to separate, the judge will proceed with a decree of approval of the agreed terms of separation.
• The agreement is reviewed by the court
• If there are minor children, the agreement is reviewed also by the Public Prosecutor.
• Validation of the agreement: If the judge finds the agreement to be in the best interests of the children and compliant with public policy, it is validated and becomes legally binding.

What is a mutual separation agreement?

A mutual separation agreement is a document listing and describing the terms of separation, including:

• Child custody: whether custody is shared or awarded to one parent, and how decisions will be made.
• Child maintenance: the amount of child support, if applicable, based on the child’s needs and the parents’ finances.
• Marital home: how the family home will be assigned—whether to one spouse or to be sold and proceeds divided.
• Division of assets: allocation of joint property, such as bank accounts, real estate, and other assets.

The agreement is drafted by a lawyer, signed by both spouses, and approved by the court to become enforceable.

Mutual separation before the Civil registrar

If the spouses have no minor children or dependent adult children, they can opt for a straightforward separation before the Civil Registrar.

They attend together to formalise their agreement, and after 30 days, they must return to confirm it.

If either fails to appear, the procedure lapses and must be restarted from the beginning.

Mutual separation via Assisted Negotiation

Assisted negotiation allows spouses to separate without going through court, with the assistance of lawyers.

This method is quicker, less costly, and equally legally effective as judicial separation.

How it works:

1. Each spouse appoints a lawyer.
2. The lawyers negotiate and draft a separation agreement, which is signed by both parties and their lawyers.
3. The agreement is sent to the Civil Registrar of the municipality where the marriage was recorded or the residence of one of the spouses.
4. Once recorded, the agreement is legally binding like a court ruling.

Advantages:

• Faster than judicial separation
• Lower costs due to the absence of court proceedings
• Greater control and flexibility for the spouses
• Confidential and private
• Legally effective

Limitations

Assisted negotiation is not permitted if the couple has minor children or dependent adult children (e.g. disabled or financially reliant under Italian law 104/92, art. 3, paragraph 3), even from previous relationships.

De facto separation

Spouses may opt for de facto separation before starting legal proceedings.

This type of separation is lawful but has no legal effects, and may lead to consequences such as:

• Abandonment of the marital home
• Violation of moral or financial support obligations
• Breach of marital fidelity

Importantly, de facto separation does not start the legal time limit for filing for divorce.

Judicial separation procedure

When spouses cannot reach an agreement, judicial separation is the only option.

One spouse files a petition with the competent civil court based on the marriage record or residence.

Steps include:

1. One spouse files the petition.
2. The petition is served to the other spouse, who may appear in court.
3. The judge hears both parties, gathers evidence, and may issue interim orders.
4. A final judgement is issued setting the terms of separation.

Fault-based separation (attribution of fault)

In judicial separation, one spouse may request that fault be attributed to the other.

Fault has a punitive function and applies when a spouse breaches marital duties.

The most common case is infidelity, but other grounds include:

• Abandoning a sick spouse (breach of moral and financial support)
• Indifference (breach of cooperation obligations)
• Leaving the family home (breach of cohabitation)
• Physical violence or religious coercion (violation of fundamental rights)

Evidence (photos, videos, messages, emails, testimonies) must prove the misconduct and causal link to the marriage breakdown.

The judge assesses whether the conditions for fault exist. If so, the court may issue a judgement of separation with attribution of fault.

Both spouses may be found at fault under a double attribution ruling.

Consequences of being at fault:

• Loss of right to maintenance
• Loss of inheritance rights
• Possible damages award (e.g. Italian Supreme Court ruling no. 26383/2020 on non-pecuniary damages)

Note: in mutual separation, fault cannot be claimed, even later during a divorce proceeding.

Effects of separation

• Suspends cohabitation and fidelity obligations but does not dissolve the marriage
• Spouses still owe moral and financial support and must care for, support, and educate their children
• Attribution of fault leads to loss of maintenance and inheritance rights

Child custody

Since Law no. 54/2006, the preferred arrangement is shared custody of minor children.

Alternatively, one parent may be granted custody, with shared parenting time.

Both parents must contribute to the child’s care, support, and education. In case of disagreement, the judge decides.

Maintenance for Adult Children

The judge may order support for adult children who are not economically independent, provided their situation is not due to laziness.

Family home

If there is no agreement, the family home is assigned based on the best interests of the children.

In the case of joint ownership, the marital property regime is dissolved, regardless of the type of separation.

Spousal maintenance (separation allowance)

This allowance is granted to a spouse who is economically disadvantaged due to separation.

It must be requested and justified, and is not automatic.

Courts assess the parties’ financial and personal situations before awarding support, in line with principles of marital solidarity.

Foreign nationals separating in Italy

Foreign nationals can legally separate in Italy, even if married abroad.

Key factors:

• Residence
• Nationality
• Choice of applicable law

For EU citizens, Regulation (EU) No. 1259/2010 (“Rome III“) sets uniform rules for determining applicable law in cross-border separation and divorce.

Non-EU citizens must rely on private international law and recognition rules in their home country.

Timing and costs of separation

These vary depending on the procedure (mutual or judicial) and case complexity.

Mutual separation is generally faster and less expensive.

You can file for divorce:

• After 6 months (mutual separation)
• After 12 months (judicial separation)

Both calculated from the court hearing date.

For legal assistance with separation and divorce, please contact the Family Law Department of Boccadutri International Law Firm.

FAQ on Legal Separation in Italy

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