Separation and divorce proceedings in Italy can be:

- by mutual consent or

- by litigation in front of the Court.

Separation and divorce by mutual consent are often the best and fastest options for all married couples whose relationships are not conflicted or overly conflicted.

Legal separation and divorce by mutual consent are based on agreements between the spouses, but they become effective only after approval by the Court.

When the spouses have reached an agreement about conditions regarding their personal and economic issues (e.g., custody and maintenance of children, allocation of the marital home, whether maintaining the weaker spouse and how to divide common property), they can officialize their separation agreement by a proceeding before the Court.

If the spouses also agree on the conditions relating to divorce, they can formalize it in the same separation procedure.

The procedure requires the following steps.

1) Negotiation phase

The appointed lawyers conduct negotiations to assist their clients in reaching an agreement.

These negotiations are strictly confidential, meaning that lawyers cannot share communications between them with their clients or add them to the case dossier.

This phase can last as long as necessary for the parties to reach an agreement.

2) Joint claim for legal separation and divorce

The attorneys draw up a joint claim and file it in the competent Court (a tax of € 43,00 has to be paid for the registration to the Court's role)

The court schedules a hearing at which the parties are not required to appear in person, as their attorneys may request that the matter be handled in writing.

The judge does not have the authority to modify the agreement; however, if the judge believes it does not adequately protect the interests of any children involved, they may suggest modifications to the parties. The Court does not emit the separation sentence if a new agreement is not reached.

3) Separation judgment

Following the hearing, the Court issues the legal separation judgment.

4) Divorce judgment

Six months after the hearing held during the separation phase of the proceedings, the Court issues the divorce judgment.

Consensual separation and divorce can also be obtained through negotiation assisted by attorneys, a procedure in which the parties intend to cooperate to resolve the dispute amicably.

This procedure does not contemplate the presence of a judge and requires the following steps.

1) Invitation to negotiate

One party's attorney sends an invitation to negotiate with the other party. 

The letter must be followed by acceptance within 30 days of its receiving: the lack of answer within this time limit, or the refusal, will allow the inviting party to petition the Court and can be considered by the judge a reason for condemnation to pay the damages from the misconduct during the dispute.

2) First agreement

The parties, each one assisted by its lawyer, enter into a first agreement that has to specify:

- the term for the completion of the proceeding that has to range between one and three months;

- the object of the dispute.

3) Negotiation phase

The parties, assisted by their lawyers, will try to agree on every aspect of the matter.

The negotiations are strictly confidential, and lawyers cannot add to the case's dossier communications between them.

4) Final agreement 

The attorneys will draw up the final draft of the negotiated settlement that must comply with mandatory regulations.

5) Public Prosecutor examination

The final agreement must be submitted for examination to the competent Public Prosecutor, who can grant or deny the certificate of no impediment. In this last case, the parties must reach a new agreement.

6) Transmission to the Civil Officer

Whenever the certificate of no impediment is granted, the lawyers will be responsible for transmitting a certified copy to the competent civil officer in which the marriage was recorded or transcribed to conclude the procedure successfully.

The conditions stated in the agreement will be legally binding.

Negotiation assisted by attorneys can also be an alternative to judicial proceedings concerning revising separation and divorce conditions.