{"id":2206,"date":"2024-10-21T11:11:49","date_gmt":"2024-10-21T09:11:49","guid":{"rendered":"https:\/\/www.familylawboschetti.com\/?page_id=2206"},"modified":"2026-07-10T14:27:09","modified_gmt":"2026-07-10T12:27:09","slug":"separations-for-de-facto-couples","status":"publish","type":"page","link":"https:\/\/www.familylawboschetti.com\/en\/de-facto-couples\/separations-for-de-facto-couples\/","title":{"rendered":"Separations for de facto couples"},"content":{"rendered":"

Separations for de facto couples in Italy<\/h1>\n
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The end of a cohabitation entails property and family issues that require legal protection. For de facto couples, Italian or foreign, it is important to regulate the economic aspects and the rights of the children. Legal advice, considering the absence of the marital bond, is all the more essential because the rights established by law and\/or by any cohabitation contract, are respected.<\/p>\n<\/div>\n

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The decision to interrupt a cohabitation is always a delicate moment that requires attention and professional support. When a de facto couple decides to separate, numerous practical and legal issues emerge that must be managed with care. The dissolution of de facto cohabitation<\/strong> entails in fact several aspects to consider: from the management of common assets to the protection of children, up to the procedures necessary to formalise the separation.<\/p>\n<\/p>\n

The end of cohabitation for unmarried persons<\/strong> can prove particularly complex when foreign partners are involved or when one of the cohabitants resides abroad. In these cases, it is fundamental to understand what one’s rights and duties are according to Italian regulation, especially as regards property and parental issues.<\/p>\n<\/p>\n

Boschetti Studio Legale offers specialised assistance to manage every aspect of separation, ensuring targeted and personalised advice. We rely on a team of professionals who have matured solid experience in the area of separations of de facto couples<\/strong>, with particular attention to situations involving international elements.<\/p>\n<\/p>\n

We understand that every situation is unique and requires a specific approach. For this reason, our firm is committed to providing complete support throughout the entire separation process, from the initial assessment of the situation to the definition of all legal and practical aspects. We make our competence available to protect your interests and find balanced solutions, always in respect of your needs and those of your loved ones. Our advice ensures professional management of all bureaucratic and legal aspects necessary to regularise your situation.<\/p>\n<\/div>\n

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Definition of de facto couple and Italian regulation<\/h2>\n<\/div>\n
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Italian legislation officially recognises de facto couples through Legge 76\/2016, also called Legge Cirinn\u00e0. A de facto couple<\/strong> is constituted when two adult persons, stably united by emotional bonds and of mutual moral and material assistance, decide to cohabit and establish a common residence, regardless of their sexual orientation.<\/p>\n<\/p>\n

To obtain this recognition, it is necessary that the partners carry out a formal registration at the registry office of their Municipality of residence. This registration of cohabitation is fundamental because it confers specific rights and duties on the couple. The end of cohabitation for unmarried persons<\/strong> follows different procedures compared to traditional marriage, but it nevertheless requires attention to legal aspects.<\/p>\n<\/p>\n

Italian regulation provides for specific protections for de facto couples, especially in case of separation. These include rights concerning:<\/span><\/p>\n

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  • The common dwelling<\/li>\n
  • Assistance in case of illness<\/li>\n
  • Medical decisions and the possibility of taking over rental contracts.<\/li>\n<\/ul>\n

    It is important to underline that these rights are recognised only to couples who have formalised their union through registration.<\/p>\n<\/p>\n

    The dissolution of de facto cohabitation<\/strong> can take place for various reasons: death of one of the parties, marriage or civil union of one of the cohabitants, or cessation of cohabitation. In this last case, it is necessary to formally communicate the separation to the registry office, following specific administrative procedures that our firm can help you to manage in an efficient and professional manner. The regulation also provides for particular protections for cohabitants in situations of need or economic hardship.<\/p>\n<\/div>\n

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    Differences between separation of de facto couples and divorce<\/h2>\n<\/div>\n
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    The differences between the separation of de facto couples<\/strong> and divorce are substantial and require clear understanding to correctly manage the separation process. The first fundamental aspect to consider is that the separation of de facto couples does not require the intervention of the court, unless there are specific disputes to resolve.<\/p>\n<\/p>\n

    The end of cohabitation for unmarried persons<\/strong> presents distinctive characteristics compared to divorce:<\/p>\n

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    • It is not necessary to respect periods of legal separation before formalising the end of the relationship<\/li>\n
    • Separation can also be communicated unilaterally to the registry office<\/li>\n
    • Mandatory judicial procedures are not provided for as in the case of divorce<\/li>\n
    • The institution of maintenance between former cohabitants does not exist<\/li>\n<\/ul>\n

      However, situations also exist in which it might be necessary to turn to the court:<\/p>\n

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      • Presence of minor children to establish custody and maintenance<\/li>\n
      • Disputes on the division of common assets<\/li>\n
      • Need to protect specific property rights<\/li>\n
      • Issues linked to the common house if jointly owned<\/li>\n<\/ul>\n

        In the presence of a cohabitation contract, the separation will have to follow the modalities provided for therein. It is important to underline that while in divorce there are automatic protections for the economically weaker spouse, in the separation of de facto couples these protections must be previously established through specific agreements.<\/p>\n

        Our law firm can guide you in the understanding of your specific protections and rights, helping you to manage the separation in the most appropriate way for your situation.<\/p>\n<\/div>\n

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        What happens in case of separation with children<\/h2>\n<\/div>\n
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        The separation of de facto couples with children<\/strong> represents a situation that requires particular attention and specific protections. The fundamental principle that guides all decisions is the higher interest of the minors, which must always be safeguarded, regardless of the type of union of the parents.<\/p>\n<\/p>\n

        Unlike married couples, in de facto couples it is essential to establish clear and detailed agreements to ensure the well-being of the children after the separation.<\/p>\n<\/p>\n

        When a de facto couple with children decides to separate, it is necessary to regulate several crucial aspects concerning the lives of the minors. The main elements to consider are:<\/span><\/p>\n