Dissolution of marriage in Italy
- Dissolution of marriage in Italy
- Types of dissolution of marriage: dissolution of civil marriage and cessation of civil effects of religious marriage
- Difference between separation and dissolution of marriage
- Consensual and judicial dissolution
- Procedure for dissolution of marriage, costs and times
- Dissolution of marriage with children
- Legal advice for same-sex marriage for foreigners and Italians
- Property aspects
- Documents required
The dissolution of marriage, commonly known as divorce, represents the formal and definitive conclusion of the marital bond. This legal procedure allows the spouses to definitively interrupt their marital relationship and regulate all related aspects, such as the management of children, the division of assets and any maintenance obligations.
In Italy, the dissolution of civil marriage can take place after a period of legal separation, during which the spouses live separately and verify their will to proceed with the definitive end of the marriage. This path requires careful and professional management, considering the numerous personal, family and economic implications.
Boschetti Studio Legale accompanies clients at every stage of this delicate process, offering specialised assistance both for consensual and for judicial dissolution. Our team of experienced lawyers ensures professional management of the case, protecting the interests of clients and ensuring respect for their rights.
We understand that addressing the cessation of civil effects of marriage can be a complex moment from the emotional and practical point of view. For this reason, we provide complete and personalised advice, with a human and empathetic approach, guiding the client through every aspect of the procedure, from the collection of necessary documents to the definition of agreements, up to the conclusion of the process.
Italian laws provide for precise timing and requirements to obtain the dissolution of marriage. The family team of Boschetti Studio Legale ensures professional support to manage every procedural phase, from the submission of the application up to obtaining the final measure. The experience of our lawyers in the field of family law allows us to offer effective and personalised solutions, taking into account the specific needs of each client.
Types of dissolution of marriage: dissolution of civil marriage and cessation of civil effects of religious marriage
The dissolution of civil marriage and the cessation of civil effects of religious marriage represent two distinct paths to put an end to the marital bond in Italy. Understanding the differences between these two modalities is fundamental to correctly start the procedure most suited to one’s situation.
In the case of civil marriage, dissolution takes place through a procedure that completely interrupts the marital bond. This typology applies to marriages celebrated with civil rite before the civil status officer. The procedure requires a period of legal separation before being able to submit the application for definitive dissolution.
As regards religious marriage with civil effects (concordat), one technically speaks of cessation of civil effects of marriage. This process exclusively concerns the civil effects of the marriage, leaving the religious bond unchanged. The Catholic Church, in fact, does not recognise divorce, but the Italian State allows the dissolution of the civil effects of religious marriage.
The procedures for both typologies follow similar paths from the legal point of view. In both cases, it is necessary to first go through a period of legal separation. During this period, the spouses live separately and can verify their decision to proceed with the definitive dissolution of the marriage.
The choice between the two procedures depends on the type of marriage originally contracted. The lawyers of Boschetti Studio Legale provide specialised assistance for both typologies, guiding clients in the choice of the most appropriate path and in the management of all related legal aspects, ensuring professional management attentive to the specific needs of each situation.
Specialised legal advice becomes particularly important to correctly manage the peculiarities of each procedure, ensuring that all steps are performed in compliance with the regulations in force and protecting the interests of clients.
Difference between separation and dissolution of marriage
The distinction between separation and dissolution of marriage is clear in the context of family law. In fact, these two legal institutions, although often confused with each other, have very different characteristics and legal consequences.
Legal separation constitutes the first obligatory step towards the definitive dissolution of marriage. During this phase, the spouses interrupt cohabitation and matrimonial obligations, but the marital bond formally remains in place. The spouses cannot therefore contract a new marriage during the period of separation. In this phase, aspects such as child custody, the assignment of the family home and any maintenance obligations are temporarily regulated.
The dissolution of marriage, instead, represents the definitive conclusion of the marital bond. After obtaining the measure of dissolution of civil marriage, the previous spouses regain free status and can contract a new marriage. All decisions taken in separation are reviewed and potentially modified to adapt to the definitive situation.
The times necessary between the separation and the dissolution of marriage are established by law. It is possible to submit the application for dissolution of marriage after 12 months of legal separation in the case of judicial separation, or after 6 months in the case of consensual separation. These periods serve as a time of reflection for the spouses and as a guarantee of the seriousness of their decision.
The effects of separation and dissolution also differ from the property point of view. While separation maintains some rights and duties between the spouses, the definitive dissolution of marriage eliminates most legal and economic bonds, with the exception of any maintenance obligations or specific agreements established between the parties.
Boschetti Studio Legale offers specialised advice to manage both phases, ensuring a smooth transition from separation to definitive dissolution of marriage, in compliance with the needs of all parties involved.
Consensual and judicial dissolution
The consensual dissolution of marriage and the judicial one represent the two main modalities through which the definitive end of the marital bond can take place. The choice between these two procedures mainly depends on the level of agreement between the spouses.
The judicial dissolution of marriage becomes necessary when the spouses are unable to find an agreement on one or more aspects of the separation. In this case, the decision is left to the judge, who will assess the requests of both parties and will take binding decisions on all contested aspects. This procedure requires longer times and higher costs, since it provides for various hearings and the possible need to produce evidence in support of one’s requests.
The consensual procedure, instead, is based on complete agreement between the spouses on all aspects relating to the dissolution of marriage. The former spouses agree in advance on issues such as:
- The management of children and their maintenance;
- The assignment of the family home;
- Any maintenance allowances;
- The division of common assets.
The appeal for the dissolution of marriage by consensus presents numerous advantages: shorter times, lower costs and less emotional stress for all parties involved. Furthermore, agreements reached consensually tend to be respected with greater ease, since they are the result of a shared decision.
In both cases, the assistance of a family lawyer proves fundamental. In the case of consensual dissolution, the lawyer helps to draft balanced and legally valid agreements, protecting the interests of both parties. In the case of judicial dissolution, the lawyer represents and defends the interests of their assisted client throughout the proceeding.
Boschetti Studio Legale accompanies clients in both procedures, assessing case by case which is the most suitable path to undertake. In situations of conflict, our lawyers work to favour the achievement of satisfactory agreements, seeking when possible to transform a judicial procedure into a consensual one, in the interest of all parties involved.
Procedure for dissolution of marriage, costs and times
The procedure for the dissolution of marriage follows a precise path established by Italian law. Understanding the phases, costs and times associated is fundamental to facing this path with awareness.
For the dissolution of marriage the times vary based on the type of procedure chosen. In the case of consensual procedure, after the period of legal separation (6 months), the path can conclude in about 4-6 months. For the judicial procedure, instead, the times lengthen significantly, being able to reach 2-3 years from the submission of the appeal.
For dissolution of marriage processes the costs consist of various items:
- Legal expenses for the assistance of the lawyer;
- Unified contribution (plus the docket registration stamp);
- Any expenses for technical consultants in case of property disputes;
In the dissolution of marriage the procedure begins with the careful verification of the period of legal separation required by law. Subsequently, the lawyer takes care of the preparation and collection of all the documentation necessary to start the proceeding. Once this preparatory phase has been completed, one proceeds with the filing of the appeal at the competent court. The court, having received the appeal, sets the hearing during which the spouses must appear personally. This phase is crucial for the definition of agreements or for the start of the investigation phase in the case of judicial procedure. The proceeding concludes with the pronouncement of the dissolution of marriage by the court.
It is important to underline that the procedure may undergo variations based on the specificities of the case.
For example, the presence of minor children or of complex property issues may require additional steps and longer times for the definition of all aspects.
Boschetti Studio Legale offers preliminary advice to assess the specific situation of each client, providing a clear picture of foreseen times and costs. Our team is committed to optimising the procedure, seeking to contain times and costs while ensuring maximum protection of the client’s interests.
Transparency on costs and times represents a fundamental element of our professional approach. Before starting the procedure, we provide clients with a detailed estimate of foreseen expenses and a realistic estimate of the times necessary to complete the path.
Dissolution of marriage with children
The dissolution of marriage with children represents one of the most delicate situations to manage in the context of family law. The presence of children requires particular attention in the definition of agreements and in the management of family relationships during and after the dissolution procedure.
The protection of the psychophysical well-being of minors represents the absolute priority in these proceedings. The court assesses with particular attention all aspects relating to the children, including custody, the visitation schedule and maintenance. Joint custody is considered the preferable solution, except for particular situations that suggest different modalities to protect the interest of the minor.
The economic aspects relating to children require an in-depth assessment of the specific needs of each case. Child maintenance must guarantee the maintenance of the standard of living enjoyed before the dissolution of marriage. This includes ordinary expenses, such as food, accommodation and clothing, but also extraordinary ones such as medical expenses not covered by the national health service, school expenses and extracurricular activities.
The definition of the visitation schedule must take into account the practical needs of all the subjects involved, ensuring children the possibility of maintaining a balanced relationship with both parents. This includes the management of holidays, summer vacations and any special occasions.
The role of the lawyer becomes crucial to find solutions that protect the interests of the children and ensure serene parenting also after the dissolution of marriage. Boschetti Studio Legale adopts a specific approach for cases involving minors, collaborating when necessary with professionals such as psychologists and family mediators to ensure the best possible management of the situation.
Particular attention is also dedicated to the practical aspects of daily life, such as the choice of school, medical decisions, the management of extracurricular activities and communication between parents. Our firm provides support in the drafting of detailed agreements that prevent future disputes and ensure harmonious management of shared parenting.
Legal advice for same-sex marriage for foreigners and Italians
Specialised legal advice in the field of same-sex marriages requires in-depth knowledge of private international law and of the regulations of various countries. The international legal framework on same-sex marriage in Italy and civil unions is in continuous evolution, making updated and competent professional support essential.
Boschetti Studio Legale offers specialised advice that takes into account the complexity of private international law and its implications for same-sex couples. Our approach is based on the detailed assessment of every situation, considering the various national regulations involved and the possible solutions for the recognition of unions between persons of the same sex in the various legal systems.
For couples who intend to celebrate their marriage abroad or to request the recognition of a union already celebrated, our firm offers:
- Preliminary advice to assess the specific situation of the couple;
- Assistance in choosing the country most suited for the celebration of marriage;
- Support in the preparation and legalisation of the necessary documents;
- Management of international recognition procedures;
- Protection of property rights in transnational context;
- Assistance in issues linked to residence and citizenship;
- Support in family reunification procedures.
Our team of professionals is specialised in the management of cases involving different jurisdictions, ensuring accurate and updated advice on the most recent regulatory and jurisprudential evolutions in matters of LGBT rights and civil unions. Particular attention is dedicated to binational couples, who often have to face specific challenges linked to the different nationality of the partners.
Our advice also extends to the management of any transnational disputes and to the protection of rights acquired in other countries, ensuring complete protection of the interests of our clients in compliance with the international regulations in force.
Property aspects
The property aspects of the dissolution of marriage represent one of the most complex issues to manage, requiring a careful assessment of all economic resources and assets accumulated during the marriage.
The cessation of civil effects of marriage entails important consequences on the economic level. Among the main aspects to consider is the divorce allowance, which can be recognised to the economically weaker spouse. The determination of this allowance is based on various criteria:
- The contribution given by each spouse to family management;
- The duration of the marriage;
- The income and property situation of both;
- The future professional and income prospects.
The division of common patrimony represents another crucial aspect. Based on the property regime chosen by the spouses (community or separation of property), one proceeds with the distribution of:
- Real estate purchased during the marriage;
- Common bank accounts and investments;
- Movable property of significant value;
- Company shares or business activities.
Particular attention is dedicated to the family home, the assignment of which follows specific criteria, privileging the protection of minor or non-economically independent adult children. The assignment of the family home does not modify the ownership of the property but affects the right of enjoyment of the same.
The lawyers of Boschetti Studio Legale assist clients in the complex property assessment through an in-depth analysis of the overall economic situation. Our team takes care of carefully assessing the legitimate economic rights and claims of every party involved, working to negotiate fair and sustainable agreements in the long term. We are committed to protecting the personal patrimony of our clients, also managing any fiscal issues related to the dissolution of marriage.
Particular attention is also dedicated to the management of social security and insurance issues, including the possible reversibility of pension and the management of life policies or other financial instruments connected to marriage.
Property transparency plays a fundamental role: both spouses are required to provide complete documentation of their economic situation to allow a fair and informed division of the patrimony.
Documents required
In the hypothesis of dissolution of marriage the documents must be the subject of careful assessment. Complete and accurate documentation allows starting and concluding the proceeding efficiently, avoiding delays or complications.
The first fundamental document is the marriage certificate, which must be requested at the Municipality where the marriage was celebrated. In the case of religious marriage with civil effects, the concordat marriage act will also be necessary. It is also indispensable to present the residence certificate and the family status of both spouses, documents that attest the current registry situation.
Economic documentation takes on particular importance. It is necessary to prepare the last three income tax returns of both spouses, together with bank statements and any other document that attests the property situation. These include:
- Real estate ownership certificates;
- Documentation relating to financial investments;
- Any rental contracts;
- Documents relating to ongoing loans or mortgages;
In the presence of children, the required documentation expands to include birth certificates, school report cards and any relevant medical documentation. In the case of adult children not economically independent, it will be necessary to document their study or job-seeking situation.
If the dissolution takes place after a consensual separation, it is fundamental to attach the homologation decree of the separation. In the case of judicial separation, the separation judgment that has become res judicata will be necessary. It is also important to document the actual elapsing of the period of separation through historical residence certificates or other suitable documentation.
Boschetti Studio Legale assists clients in the collection and verification of all necessary documentation, providing a detailed list personalised based on the specific situation. Our team takes care of checking the completeness and correctness of every document, avoiding possible delays in the procedure due to incomplete or non-compliant documentation.
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Legal advice to dissolve marriage
Specialised legal advice represents a fundamental element to effectively manage the procedure of dissolution of marriage. The appeal for the dissolution of marriage requires specific competences and in-depth knowledge of family law to be optimally managed.
Professional advice begins with an in-depth analysis of the specific situation of the client. During the first meeting, the lawyer collects all the necessary information regarding:
- The marital history;
- The current family situation;
- The relevant property issues;
- Any critical issues to address.
Qualified legal assistance becomes particularly important to assess which type of procedure is most suited to the specific case. The choice between consensual dissolution of marriage and judicial dissolution significantly influences times, costs and emotional stress of the proceeding. The lawyer helps the client to understand the advantages and disadvantages of each option, suggesting the path most suited to the situation.
A crucial aspect of the consultation concerns the strategic planning of the proceeding. The lawyer outlines an action plan that takes into account all relevant aspects, foreseeing possible critical issues and preparing alternative solutions. This planning also includes a realistic estimate of times and costs, allowing the client to organise themselves adequately.
The advice is not limited to purely legal aspects, but also considers the emotional and practical impact of the dissolution of marriage. The lawyers of Boschetti Studio Legale adopt an empathetic approach, understanding that beyond legal issues, clients are facing a moment of significant personal change.
Throughout the entire proceeding, the client is constantly updated on the progress of the case and on the actions undertaken. This continuous communication allows maintaining control of the situation and adapting the strategy when necessary, ensuring maximum effectiveness of the legal action.
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How long does it take to dissolve a marriage?
To dissolve a marriage in Italy various periods of time are necessary that vary based on the type of procedure chosen. In case of consensual procedure, after 6 months of legal separation, the dissolution requires about 4-6 additional months. For the judicial procedure, instead, 12 months of legal separation are necessary and the proceeding can last from 2 to 3 years. The times can lengthen in the presence of disputes on property issues or relating to children.
What are the reasons why a marriage can be dissolved?
The dissolution of marriage can be requested after a period of legal separation, when one of the spouses has been convicted of serious crimes, in case of non-consummation of the marriage, when the foreign spouse has obtained abroad the annulment or dissolution of the marriage, or when one of the spouses has carried out the rectification of attribution of sex. However, the most common cause remains the impossibility of maintaining or reconstituting spiritual and material communion between the spouses after the period of separation.
What is the difference between annulment of marriage and dissolution of marriage?
The annulment of marriage and the dissolution are two very different legal institutions: the annulment declares that the marriage never existed validly due to defects present at the time of celebration (such as incapacity to understand and to will, simulation, error on the identity of the person), while the dissolution puts an end to a valid marriage due to facts that occurred during marital life. The annulment can be requested immediately, while for the dissolution a period of separation is first needed.
