Divorce in Italy

According to Italian law dissolution or termination of the marriage can be requested by either spouse if:

- a legal separation has been pronunced or a consensual separation has been approved by the court;

- the other spouses obtained abroad the annulment or the dissolution of marriage;

- the marriage was not consummated;

- after the marriage, the other spouse has been sentenced to life imprisonment or for a term exceeding fifteen years;

- the other spouse has been sentenced for crimes of forced prostitucion or murder or attempted murder of the spouse or children. 

When one of the spouses is not Italian, the question is which national law applies, the Italian law or the law of the other spouse's country. According to the Italian Law no. 218 of 1995, the separation or dissolution of marriage are regulated by the national law of the spouses at the time of the application for separation or divorce, or by the law of the country where married life took place mainly.

If the divorce is pronounced in a foreign country, according to the Article 65 of the Law no. 218 of 1995, foreign judgments of separation and divorce, even when the marriage took place in Italy, have direct effect in Italy, without additional recognition procedure. This means that a divorce decree issued by a foreign court has full legal value in Italy.

By Mr. Luca Santaniello
Lawyer at Santaniello & Partners

Note: to read more about Family Law in Italy, please click here