The termination of a marital union represents a significant transition, both personally and legally. In Italy, this process follows distinct procedural pathways – separation and divorce – each carrying specific juridical consequences that merit careful consideration.

1. Legal separation: a preliminary phase
Separation constitutes the initial formal step in marriage dissolution, maintaining the marital bond while permitting spouses to live independently. During this interim period, couples retain certain matrimonial rights and obligations, including:

• • Mutual financial responsibilities

  • Inheritance entitlements

  • Shared healthcare benefits

The Italian legal system provides multiple avenues for separation:

• • Consensual separation occurs when both parties reach agreement on all terms, potentially avoiding contentious litigation.
  • Judicial separation becomes necessary when disputes arise regarding asset division, child custody, or support arrangements.

2. Divorce: the legal termination
Divorce represents the definitive dissolution of the marital bond, enabling former spouses to remarry while terminating all reciprocal rights and obligations. Recent legislative developments under the Cartabia Reform have substantially modified the procedural landscape:

• • Unified procedure: elimination of the dual-filing requirement, permitting simultaneous requests for separation and divorce

  • Expedited timeline: provisional separation rulings now obtainable within 90 days of initial filing

  • Finalization periods:

    • 6 months for uncontested cases

    • 12 months for contested proceedings

Enhanced Judicial Powers in Cases Involving Minors

The Cartabia Reform significantly strengthens judicial authority in separation and divorce proceedings where minors are involved, prioritizing child welfare as a paramount concern. Judges now possess broader powers to intervene ex officio, marking a substantial departure from traditional civil procedure principles that typically require party-initiated requests.

Key Judicial Powers Include:

• Appointment of special guardians: Judges may assign a curatore speciale to protect minors’ interests

• Expanded evidence gathering: suthority to:

  • Admit evidence beyond standard civil code limitations

  • Order document supplementation and disclosure

  • Mandate financial investigations (including third-party assets) with support from tax authorities

• Proactive measures: ability to issue necessary rulings without formal petition, including:

  • Lifestyle and income assessments

  • Asset verification orders

  • Other protective interventions

These exceptional powers operate within strict boundaries:

• • Applied exclusively for minor children’s welfare

  • While maintaining adversarial rights and counter-evidence opportunities

  • Balancing judicial initiative with due process protections