Italy divorce

Legal Framework

• Civil Code (CC)
• Law No 898 of 1970 (Divorce Law)
• Decree-Law No 132 of 2014 (Extra-judicial procedures)
• Legislative Decree No 149 of 2022

Competent Authority

Three options:

1. Courts (for contentious and consensual divorces)
2. Lawyers through assisted negotiation
3. Mayor (for consensual divorces without children)

Access Requirements

For Extra-judicial procedures:

1. Assisted Negotiation:
   • Mutual agreement between spouses
   • Each spouse must have a lawyer
2. Before Mayor:
   • Mutual agreement
   • No minor children
   • No transfer of real estate
   • No lump-sum maintenance agreements

Procedure

1. Judicial Divorce:

a) Contentious:

1. Children over 12 must be heard
2. Financial documentation required
3. Judge can issue temporary measures
4. Ends with constitutive judgment

b) Consensual:

1. Parties present agreement on financial matters and parenting plan
2. Judge verifies compliance with mandatory rules and child’s best interests
3. Ends with constitutive (declarative on patrimonial and maintenance effects) judgment
4. Assisted Negotiation:
   • Initial written agreement to negotiate
   • 1-3 months negotiation period
   • Lawyers verify compliance with rules
   • Agreement sent to public prosecutor à If children involved, prosecutor verifies child’s best interests
5. Before Mayor:
   • Parties present agreement
   • Mayor verifies identities and requirements
   • After 30 days, parties confirm agreement