Family Law in Italy

Updated on Friday 03rd December 2021

Rate this article

based on 1 reviews.

The Italian Civil Code governs the Family Law in Italy and covers issues such as marriage, divorce, custody, parental responsibility, paternity, civil union and alimony, among others. Our Italian lawyers can deal with Family Law issues in Italy and can provide you with legal advice and the necessary solutions. Both Italian and foreign citizens can call on our team of specialists regarding the problems encountered.

The Civil Code and the Family Law in Italy

The family relationships in Italy are regulated by Law no. 218/1995 which stipulates the conditions for getting married, the legal separation and dissolution of the marriage, filiation, legitimation and recognition of a child, the relationships between children and parents, etc.

A marriage is considered to be legal if it is concluded according to the law, in a civil ceremony. If the two spouses come from different countries, the relationship between them is regulated by the law in the country where they mainly live. The same law is applicable also for the properties of the two spouses, but they are allowed to decide if they will choose to respect the law from the country of residence or nationality of one of them. In order to choose a specific law for their property relations, the two spouses must sign an agreement. In case of separation or dissolution of marriage, it is applied the common law of the spouses or the law in the country where the spouses live or the Italian law. We invite you to discuss with our attorneys in Italy and find out more about Family Law in Italy.

Children issues in Italy

A child is considered legitimate, according to the law in the country where any of his parents is a citizen. The law applicable in this case is the one that is in force at the moment of the birth. For the acknowledgment of a child will be used the law applicable for the parent in this case, if it is more favorable. The main provisions about the family issues are to be found in the Italian Constitution that came into force in 1948. The Italian authorities protect the rights of the families and offer benefits for the large families. Even if a civil marriage is not recognized by the Italian church, it is the only one valid according to the law. Before they get married, the two spouses can sign a pre-nuptial agreement related to their wealth.

Getting married in Italy

Those who want to get married religiously in Italy can do so regardless of their religion. However, couples must first prove that they are married civilly. The civil administrative procedure involves the preparation of documents, among which:

Foreign or Italian citizens must be at least 18 years old to marry.
The birth certificates of the two, in original and authenticated copies.
Identity documents.
A set of tests to prove that the two do not suffer from certain diseases.
A certificate stating that there are no legal obstacles to the civil ceremony taking place.
Partners must present, as the case may be, either the death certificate or the divorce certificate if one of the persons has gone through these events.
Atto Notorio is the document signed by two witnesses when a couple gets married.
The Civil Registrar in Italy will deal with the verification and acceptance of documents.

In the case of Catholic marriages, the couple must present certificates of baptism, proof of participation in a premarital course in Italy, a letter of no impediment to marriage in Italy, and the permission of the local bishop for marriage. Everything you need to know about Family Law in Italy and marriage in Italy can be found on our team of lawyers in Italy.

Divorce in Italy

An Italian couple seeking a divorce must apply to the Italian courts. If both partners agree to the separation, the divorce application is made after the partners have agreed to the custody of the minor children (where applicable), the division of assets, and alimony. Consensual separation or judicial separation are the two possibilities to obtain the divorce of a couple in Italy. The divorce can be pronounced after a period of three years of separation. There are few solid reasons for divorce that are mentioned by the law, such as: incest, conviction for one of the spouses etc.

Please note that each must be represented by a divorce lawyer.

It is important to note that, if the divorce is by mutual agreement, the decision will be obtained after six months of continuous separation from the date on which the partners were present before the court in the legal separation process. There is also the situation where the divorce is based on a separation that was obtained only by a husband, and in this case, the waiting period is one year. It is also essential here to specify that the judge in charge of the divorce process will be the one who will establish the custody of the children as well as the alimony paid by the parent who does not have the respective minor or minors.

We remind you that our lawyer in Italy can take care of your case if you file for divorce.

Child custody in Italy

According to the Family Law in Italy and European Regulations, custody of minors after a divorce can be granted to any parent, unless there is a custody order to that effect. However, children must have family relationships with both parents, responsible for their good upbringing and education. In complicated divorce cases, the judge will establish custody of the children, taking into account everything that is best for them financially and not only.

It is important to note that joint custody is offered by the court, after analyzing the divorce decision and the parents' requests. You can find out more about custody from our lawyers in Italy.

Marriage and divorce statistics in Italy

Foreign citizens who want to divorce or marry in Italy can do these things if they comply with the applicable legislation in this country. Italy does not recognize same-sex marriage, but agrees with the civil union, regardless of the partners' country of origin. Here are some statistics about marriage and divorce in Italy:

There were around 3.1 marriages per 1000 inhabitants in Italy in 2019.
There were 1.9 marriages per 1000 inhabitants in 2020 in Italy, according to Statista.com.
Around 1.8 million people divorced in 2020 in Italy.

Working with our lawyers in Italy

Professionalism, trust, and transparency are the basis of a good collaboration between a lawyer and a client, regardless of the problems to be solved. So, if you need an experienced lawyer in Family Law in Italy, you can get in touch with our specialists. They can give you the best solutions to the problems you face.

If you want to know more details about the Family Law or other regulations, you may contact our law firm in Italy. Our specialists can offer you representation in case of divorce or other cases related to family issues.