Separations, divorces, reconciliations

Agreement without lawyer
In the absence of minor children or those with serious disabilities or who are not economically self-sufficient, the couple can appear directly before the Civil Status Officer of the Municipality to conclude an agreement for separation, divorce, dissolution of civil union.

  • In this case the assistance of defense lawyers is optional
  • the agreement may contain agreements regarding periodic maintenance (maintenance and divorce allowance) but cannot contain asset transfer agreements.

To start the process, consult the section Use the services.

If you need further information contact our offices:
tel. 02 884.48133/62082 
opening hours: Monday and Thursday from 15pm to 00pm

Negotiation assisted by lawyers
The procedure is possible both in the absence and in the presence of minor children, adult children with serious disabilities and non-self-sufficient adult children:

  • in the first case, the concluded agreement is evaluated exclusively by the Public Prosecutor, who gives approval
  • in the second case (minor or non-self-sufficient children), a passage before the President of the Court can also be added to the PM's consideration.

The agreement reached following negotiation assisted by lawyers is equivalent to judicial provisions that define legal separation proceedings, termination of civil effects or dissolution of marriage, modification of the conditions of separation or divorce.

Once the parties' agreement has been formalised, the lawyer must send it to the Municipality within 10 days accompanied by:

  • Registration of the marriage certificate 
  • Transcription of the marriage certificate celebrated with the concordat rite or other religious rites 
  • Transcription of the marriage celebrated abroad, by two Italian citizens, or by an Italian citizen and a foreign citizen.

Law no. 218/95 provides for the automatic effectiveness in Italy of foreign sentences provided that the latter respect some substantial requirements of compatibility with Italian law.

Citizens are therefore allowed to submit via the Italian Consulate in whose jurisdiction the sentence was issued or, directly by the person concerned, to the Italian Municipality where the marriage was registered (if celebrated in Italy) or transcribed (if celebrated abroad) the request for recognition and transcription of the provision.

The sentence must be produced in original, legalized by the Italian Authority abroad and complete with a certified translation into Italian (legalized if carried out abroad).

For the transcription of divorce sentences issued in an EU country, reference is made to the provisions of European Regulations 2201/2003 and 1111/2019. In these cases, the competent authority of the member state in which the divorce was pronounced issues, upon request of the person concerned, a certificate using the standard models provided for by the aforementioned Regulations (cert. ex art. 39 before 1/8/2022, cert. art. 36 or 66 (divorce before a notary) after 1/8/2022) which do not require translation or legalization, with the exception of Denmark. 

  • The information above is of a general nature and, given the many cases, may not be perfectly adaptable to all measures issued abroad
  • for more information consult Legalization and translation of foreign documents
  • to request a transcription consult the section Use the services.

Use the services

218 / 95 law

Law 10 November 2014, n. 162

Conversion into law, with amendments, of the legislative decree of 12 September 2014, n. 132, containing urgent dejurisdictionalization measures and other interventions for the definition of the backlog in civil proceedings (14G00175) (GU no. 261 of 10-11-2014 - Ordinary Supp. no. 84)

Civil Code, articles 154, 157
Presidential Decree 396/2000, art. 63, paragraph 1 – letter “g” (declarations with which the separated spouses demonstrate their reconciliation)

Updated: 12/04/2024