Judicial Separation in Italy

Updated on Monday 28th November 2016

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Judicial separation in Italy refers to a legal act through which a married couple will become legally separated, without dissolving the respective marriage. Judicial separation is a procedure that follows after the mutual consent separation, in which the parties establish an agreement in order to be able to separate. If this method fails, then one of the parties should file a recourse for judicial separation based on the violation of one of the obligations established by the Italian legislation for a marriage. Our team of lawyers in Italy can assist both local and foreign natural persons to obtain judicial separation.

Judicial separation in an Italian court

Persons who are taking into consideration to file for judicial separation in Italy should know that the legal act should be established based on a legal ground that should be recognised by an Italian court.

In the case the charge is recognised by the court, the spouse who is filed against, can lose some of his or her marital rights.

The legal procedure starts by gathering the two parties in a local court, in which the judges will try to reconcile the couple, as required under the Italian legislation. Later on, the court will issue a decision, which can have a non-definitive ground. Still, the parties will receive the judicial separation and the court will establish legal grounds for the disputes between the parties. Our team of attorneys in Italy can offer legal representation to persons who want to obtain a divorce in this country.

Consequences of the judicial separation in Italy

The judicial separation is provided by a local court when the two parties can no longer live together. The judicial separation can be obtained by both of the spouses or by one of them, even in the situation in which the other party does not approve this procedure.

The main consequence of the procedure is that the couple will not live in the same house. However, the wife can still keep the husband’s family name only in the situation in which the husband does not file against this decision.

Through judicial separation, the parties will no longer own joint real estate. In the situation in which the couple has minor children, the parent who will not live in the marital home will be required to pay the alimony.

Persons who need further details on the judicial separation are invited to contact our law firm in Italy.