When this help may be useful
- You have decided together to separate and want a clear, final agreement
- You cannot reach an agreement on the home, the children or maintenance
- You want to understand what happens to the family home and shared assets
- You have already received an application or a letter from the other party's lawyer
Consensual or judicial: what is the difference
In Italy, legal separation (separazione) usually comes before divorce. A consensual separation happens when the spouses agree on everything: custody and time spent with the children, maintenance payments, allocation of the family home. It is the fastest, least expensive and least painful route. Besides the court, it can be concluded through assisted negotiation between lawyers.
A judicial separation is needed when there is no agreement. In this case the judge decides after hearing both parties. Even during proceedings, however, it is always possible to reach an agreement, and I look for one whenever it is in my client's interest.
Since the 2022 reform it is also possible to apply for separation and divorce in the same proceedings, saving time for both.
How I assist you
I listen to your situation, review the family's income, expenses and assets, and explain which outcomes are realistic. I prepare the agreement or the application, represent you before the Court of Trieste and continue to assist you afterwards, when the conditions need to be changed because life has changed.
The process, step by step
- Confidential first consultation to understand your situation
- Review of income, assets and the children's needs
- Search for an agreement or filing of the application
- Assistance until the judge's decision and beyond
Frequently asked questions
How long does a consensual separation take?
With a complete agreement it usually takes a few months, depending on the court's workload or the procedure chosen. A judicial separation takes longer, depending on the complexity of the case.
Who stays in the family home?
If there are children, the home is usually allocated to the parent with whom the children mainly live, to give them stability. Without children, the ordinary property rules apply. Each situation must be assessed in detail.
Can I separate if my spouse does not agree?
Yes. Nobody can be forced to stay married: if there is no agreement, a judicial separation is started.
How long after separation can I apply for divorce?
Six months after a consensual separation and twelve months after a judicial one, counted from the first hearing before the judge or from the date of the agreement.
The information on this page is general, refers to Italian law and is not a substitute for advice on your specific case.