Personal Separation Of Spouses In Italy In 2026

Learn about the rules governing legal separation of spouses in Italy following the Cartabia Reform. A simplified procedure, shorter timeframes, and the latest developments for couples.

Separation is a delicate stage in a couple’s life, as it marks the moment when spouses officially decide to go their separate ways.

In Italy, separation is often a necessary step before applying for divorce, unlike in other legal systems where it is possible to proceed directly to the dissolution of the marriage.

From a legal perspective, separation results in the temporary suspension of certain obligations arising from the marriage and some of its civil effects.

The legal framework is closely connected to divorce legislation and is also intended to give spouses an opportunity for a period of reflection and possible reconciliation.

According to the legislator’s intention, the separation period should give spouses time to attempt reconciliation.

What Is Legal Separation in Italy?

Legal separation in Italy is the legal procedure through which spouses suspend certain effects of the marriage while awaiting the possible final resolution of their relationship.

Separation does not dissolve the marriage bond, but it constitutes the legal prerequisite for subsequently applying for divorce.

In recent years, the procedure has become simpler and faster thanks to the Cartabia Reform, which has significantly reshaped Italian family law.

Depending on the level of agreement between the spouses, separation may take two main forms:

• Consensual separation: the spouses reach an agreement on all the terms of the separation, including child custody, maintenance, allocation of the family home, and financial matters.
• Judicial separation: where no agreement can be reached, one spouse asks the Court to determine the terms of the separation.

Alongside these two forms, there is also de facto separation, which does not produce full legal effects but simply reflects the private decision of the spouses to cease living together.

The Changes Introduced by the Cartabia Reform

The Cartabia Reform (Legislative Decree No. 149/2022), which came into force on 1 March 2023, has profoundly reformed Italian family law.

Its primary objective was to simplify separation and divorce proceedings by introducing a more streamlined procedural framework, speeding up proceedings and strengthening the protection of children.

The main innovations include:

1. A Single Procedure for Separation and Divorce

A single procedural framework has been introduced for disputes concerning persons, children and families, governed by Articles 473-bis et seq. of the Italian Code of Civil Procedure.

This means that separation and divorce proceedings now follow a more uniform procedural structure, with a simpler and more streamlined process than in the past.

2. Combining Separation and Divorce Applications

One of the most significant innovations is the possibility of filing applications for separation and divorce within the same legal proceedings.

Today, the parties may submit both the separation application and the divorce application in a single proceeding.

However, the divorce application becomes admissible only once the statutory time limits have elapsed and the separation judgment has become final.

This avoids the need to initiate two separate proceedings and allows family disputes to be managed more efficiently.

3. Shorter Timeframes for Divorce

Under Italy’s “short divorce” rules, divorce may be requested:

• after 6 months in the case of consensual separation;
• after 12 months in the case of judicial separation.

The relevant period runs from the date on which the spouses first appear before the judge.

The Cartabia Reform did not introduce these time limits, but it has improved the coordination between separation and divorce proceedings, including through the possibility of combining both applications into a single case.

4. Greater Protection of Children’s Well-being

The reform strengthens the protection of minor children by providing for:

• the obligation for the judge to hear children who are capable of forming and expressing their own views;
• the possibility of adopting urgent protective measures in their interests;
• greater use of family dispute resolution mechanisms, such as mediation.

Procedure for Consensual Separation Following the Cartabia Reform

Following the Cartabia Reform, consensual separation before the Court is governed by the joint application procedure established for disputes concerning persons, children and families.

Spouses who have reached an agreement on the terms of their separation may file a joint application with the Court having jurisdiction over the place of residence or domicile of either party.

The application must be signed by both spouses and must set out the agreed terms regarding children, financial arrangements, any maintenance payments, the family home and any other property-related matters.

The application must also include information regarding the parties’ income and assets over the previous three years, together with any financial obligations borne by either spouse.

Once the application has been filed, the President of the Court schedules a hearing before the reporting judge and orders that the case file be forwarded to the Public Prosecutor, who issues an opinion before the hearing takes place.

During the hearing, the judge hears the parties, records their intention not to reconcile and may request further clarification or additional documentation.

Where the agreed terms comply with the law and do not conflict with the best interests of the children, the panel issues its judgment, approving or formally acknowledging the agreed conditions.

If, however, the agreement is considered contrary to the children’s best interests, the Court may summon the parties again, indicate the amendments that are required and, if no satisfactory solution is reached, dismiss the application at that stage.

In certain cases, where the parties expressly request it in the application and declare that they have no intention of reconciling, the hearing may be replaced by the filing of written submissions.

This option may be appropriate where the agreement is complete and there are no disputed issues, although the final decision remains at the discretion of the judge.

What Is a Consensual Separation Agreement?

A consensual separation agreement is the document setting out all the terms and conditions governing the separation.

In particular, it regulates:

• Child custody: whether custody will be shared or sole, and how major decisions concerning the children’s lives will be made.
• Child maintenance: any child maintenance payments, taking into account the children’s needs and the parents’ financial circumstances.
• The family home: the allocation of the family home or any agreed arrangements concerning its division.
• Financial matters: the division of jointly owned assets, including bank accounts, real estate and other property.

The agreement is drafted with the assistance of a lawyer, must be signed by both spouses and must be approved by the Court to become legally effective.

Consensual Separation Before the Civil Registrar

Where there are no minor children, no adult children lacking legal capacity, and no adult children who are financially dependent, spouses may also complete a consensual separation before the Civil Registrar.

This procedure is permitted only in the circumstances provided for by law and cannot include agreements providing for the transfer of assets.

Where the spouses need to regulate transfers of real estate, complex property arrangements or detailed financial provisions, a different procedure with legal assistance should be considered.

The spouses may appear together before the Civil Registrar and formally record their agreement directly.

Thirty days after the initial appointment, the parties must appear once again before the Civil Registrar to confirm their agreement.

The procedure is completed with the execution of the separation agreement following confirmation by both parties.

If either spouse fails to appear on the scheduled date, the agreement becomes ineffective and the procedure must be started again from the beginning.

Consensual Separation Through Assisted Negotiation

Assisted negotiation is a procedure that allows spouses to obtain a consensual separation with the assistance of their respective lawyers, without going before the Court.

It is often a faster and less expensive solution than judicial separation, while retaining full legal validity.

How It Works:

Legal assistance: each spouse appoints a lawyer.

Agreement: the lawyers negotiate and draft the separation agreement, which must be signed by both parties.

Certification and registration: the agreement is submitted to the competent Civil Registry Office for registration.

Legal effect: the agreement has the same legal effect as a judicial separation order.

Advantages:

• Speed: the procedure is generally faster than judicial separation.
• Lower costs: it is less expensive than court litigation.
• Greater control: the parties actively participate in defining the terms of the agreement.
• Confidentiality: the procedure is more private than court proceedings.
• Full legal effectiveness: the agreement has full legal force.

Assisted negotiation may also be used where there are minor children, adult children lacking legal capacity, children with severe disabilities or adult children who are not financially self-sufficient.

In such cases, however, the agreement must be submitted to the Public Prosecutor, who authorises it only if it is considered to be in the children’s best interests.

Where there are no such children, the Public Prosecutor issues a clearance authorisation provided that no irregularities are identified.

De Facto Separation

Spouses who are unable to reach an agreement may decide to live separately on a de facto basis before commencing formal legal proceedings.

De facto separation does not produce genuine legal effects, although it is lawful from a practical standpoint.

However, it may have significant personal and financial consequences, particularly where one spouse leaves the family home or breaches the duties of moral support, financial assistance or fidelity.

In any event, de facto separation does not start the statutory period for applying for divorce.

Comparative Table of Separation Procedures

Judicial Separation Procedure

Where it is not possible to reach an agreement, the only available option is judicial separation.

This procedure allows one spouse to apply to the competent Civil Court for a judgment regulating the future legal relationship between the parties.

Stages of Judicial Separation:

1. Filing the application: one spouse commences the proceedings.
2. Service on the other spouse: the application is formally served on the other party, who may enter an appearance in the proceedings.
3. Hearing and evidentiary phase: the judge hears the parties, examines the evidence and may issue interim measures.
4. Separation judgment: the Court delivers its decision establishing the terms of the separation.

Fault-Based Separation

In judicial separation proceedings, either spouse may request that the separation be attributed to the fault of the other spouse.

A finding of fault has a punitive function and concerns breaches of the duties arising from marriage.

The most common ground is the breach of the duty of fidelity, although this is not the only circumstance that may be relevant.

The abandonment of an ill spouse, breach of the duty of moral and financial support, abandonment of the family home or violent behaviour may also justify a request for a finding of fault.

Physical violence or forcing a spouse to follow a particular religion would, of course, amount to violations of fundamental rights that exist independently of the marriage itself.

During the proceedings, evidence such as photographs, videos, text messages, emails and witness testimony may be submitted in order to prove the conduct of the other spouse and its connection with the breakdown of the marriage.

If the judge finds that the legal requirements are met, he or she may issue a judgment of separation with a finding of fault.

In some cases, mutual findings of fault may also arise, where each spouse seeks to attribute fault to the other for different reasons.

Consequences of a finding of fault:

• Loss of the right to receive spousal maintenance.
• Loss of inheritance rights with respect to the other spouse.
• Possible liability for damages (Italian Supreme Court, Civil Division VI-1, Order No. 26383 of 2020: Fault-Based Separation and Compensation for Non-Pecuniary Damage).

It should be remembered that, once a consensual separation has been agreed, it is no longer possible to seek a finding of fault, not even later during divorce proceedings.

In Brief: Which Separation Procedure Should You Choose?

Court separation is appropriate where more extensive judicial scrutiny is required or where the spouses cannot reach an agreement.

Assisted negotiation is a consensual procedure requiring at least one lawyer for each party and may also be used where children are involved, subject to review by the Public Prosecutor.

Separation before the Civil Registrar is the simplest procedure, but it is available only where there are no minor children, no adult children lacking legal capacity, no children with severe disabilities and no financially dependent adult children. It also cannot include agreements involving the transfer of assets.

Effects of Separation

Separation suspends the duties of cohabitation and fidelity but does not dissolve the marriage.

The spouses remain under an obligation to provide moral and financial support and to contribute to the maintenance, upbringing and education of their children.

Where the separation is attributed to the fault of one spouse, that spouse may lose certain rights, including the right to receive maintenance.

Separation Maintenance

A separation maintenance allowance is intended to protect the spouse who, following separation, finds themselves in a weaker financial position.

Case law has clarified that entitlement is not automatic. It must be specifically requested, and the request must be properly justified.

The judge assesses the financial and personal circumstances of each party on a case-by-case basis in order to ensure a fair balance consistent with the principles of marital solidarity.

Child Custody

Since the enactment of Law No. 54/2006, the general principle has been that of shared parental responsibility.

Accordingly, minor children are generally placed in the joint custody of both parents, unless the judge considers that a different arrangement would better serve their interests.

Both parents remain responsible for contributing to the children’s maintenance, care, education and upbringing.

If the spouses fail to reach an agreement, the judge will determine the most appropriate custody arrangements.

Maintenance for Adult Children

The judge may also order periodic maintenance payments in favour of adult children who have not yet achieved financial independence for reasons beyond their control.

Accordingly, legal protection may continue even after the child has reached the age of majority if they are still unable to support themselves independently.

Allocation of the Family Home

Where the spouses fail to reach an agreement, the right to occupy the family home is awarded to one of them, with primary consideration being given to the best interests of the children.

Under the statutory community of property regime, separation also results in the dissolution of the community property, regardless of the separation procedure chosen.

Separation of Foreign Nationals and International Couples in Italy

Separation proceedings involving foreign nationals or spouses with international connections may be brought before the Italian courts where there are sufficient connecting factors with the Italian legal system.

Accordingly, it is not only the place where the marriage was celebrated that is relevant. Factors such as the spouses’ habitual residence, nationality, domicile, the place where the children live and any connections with other countries must also be taken into account.

In international separation cases, it is essential to distinguish between two separate issues: jurisdiction and the applicable law.

Jurisdiction concerns whether an Italian court has the authority to hear the separation proceedings.

In domestic proceedings, the Italian Code of Civil Procedure identifies the competent Court primarily on the basis of the presence of minor children and, where there are no children, according to the defendant’s place of residence.

If the defendant cannot be located or resides abroad, jurisdiction may lie with the Court for the district where the claimant resides. If the claimant also resides abroad, any Court within the Italian Republic may have jurisdiction.

Where the couple has connections with more than one European State, it is also necessary to consider the European Union rules governing jurisdiction in matrimonial matters and parental responsibility.

Particular importance may be attached to the spouses’ habitual residence, their last common habitual residence, the defendant’s habitual residence, their common nationality and, in the case of a joint application, the habitual residence of either spouse.

The applicable law, on the other hand, is the body of law that the judge must apply in deciding the separation.

For couples connected with more than one Member State of the European Union, jurisdiction must also be assessed in light of Regulation (EU) 2019/1111, commonly known as Brussels IIb, concerning jurisdiction, the recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility.

Rome III Regulation instead governs the law applicable to legal separation and divorce.

For non-EU citizens, or where the case involves countries outside the European Union, it is also necessary to consider the Italian rules on private international law, any applicable international conventions and whether the effects of the separation or divorce will be recognised in the country of origin.

The situation becomes even more complex where minor children are involved, where real estate is located in different countries, where the marriage was celebrated abroad or where decisions have already been issued by foreign authorities.

In such cases, before commencing proceedings, it is advisable to determine which court has jurisdiction, which law applies and whether the final decision will also be recognised outside Italy.

Domestic Violence, Family Abuse and Urgent Protection of Children

Situations involving domestic violence, gender-based violence or family abuse may arise during separation proceedings.

In such cases, separation must not be treated as a simple dispute between spouses, because the primary concern becomes the protection of the victim and any minor children.

The Cartabia Reform introduced specific rules governing proceedings in which allegations of family abuse or domestic or gender-based violence committed by one party against the other or against their minor children are raised.

The application must indicate whether there are any civil, criminal or administrative proceedings, whether pending or already concluded, relating to the alleged abuse or violence.

Where available, reports, court orders, investigations and any documents relevant to the assessment of the risk must also be attached.

Where allegations of violence or abuse are made, the judge may shorten procedural deadlines, carry out evidentiary activities on their own initiative and adopt protective measures without delay.

The judge may also obtain information from the Public Prosecutor, law enforcement authorities, social services and other competent authorities, while respecting the parties’ right to be heard and the legal limits relating to the confidentiality of criminal investigations.

The protection of the victim is of paramount importance. Where appropriate, the judge must avoid requiring the parties to be present together and may adopt measures designed to safeguard the dignity, safety and privacy of the person reporting the abuse or violence.

Where the victim is living in a protected location, the court may order that their address remain confidential.

Family mediation is also subject to significant limitations where allegations of violence have been made.

Where violence or abuse is alleged, or emerges during the proceedings, mediation cannot be treated as a routine procedural step.

Where the legal requirements are met, the judge must refrain from attempting reconciliation or referring the parties to family mediation.

If mediation has already commenced and allegations of abuse or violence subsequently arise, the mediator must terminate the process.

The protection of minor children requires particular care.

The judge may hear the child without delay while ensuring that the child has no contact with the person alleged to have committed the abuse or violence.

Where the allegations are considered well-founded, the judge may adopt any measures deemed appropriate to protect both the victim and the child, including regulating contact and visitation rights in a manner that does not compromise their safety.

In practical terms, the Court may issue urgent orders concerning custody, the child’s living arrangements, contact with the children, allocation of the family home, financial obligations and the methods of communication between the parties.

Every decision must be tailored to the specific circumstances of the case and to the best interests of the child, avoiding automatic approaches or solutions that could expose either the victim or the children to further risk.

Timeframes and Costs of Separation

The timeframes and costs of separation depend on the procedure chosen (consensual or judicial) and on the complexity of the individual case.

As a general rule:

• consensual separation is faster and less expensive;
• judicial separation requires more time and involves a more complex procedure.

In the case of consensual separation, divorce may be applied for after six months; in the case of judicial separation, after one year.

For legal assistance with separation and divorce matters, you may contact the lawyers of the Family Law Department of Boccadutri International Law Firm.

FAQ About Separation in Italy

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.