Posted by on May 7, 2015 in FAMILY LAW UPDATES, LEGAL UPDATES

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Quick divorce in Italy

Under a new law in Italy, a couple can now lodge a petition for divorce 6 months after the decree of separation if the separation was “consensual” (both parties were in agreement as to the terms of the separation agreement) or 12 months if the separation was “judicial” (the parties were not in agreement and a Judge was called upon to make a decision upon the terms of the separation).

This new law applies to all couples, regardless of whether they have minor children, and can be applied retrospectively to couples who have already been granted a legal separation.

Previously a three-year separation was required in either case and, whilst not being particularly permissive given that a separation period is still needed, this legislation will speed up the civil process and is therefore a welcome change.

The new law modifies Art. 3 of Italian Law no. 898/1970.