Separation and divorce proceedings in Italy can be:

- by mutual consent or

- by litigation in front of the Court.

Separation and divorce by mutual consent are often the best and fastest options for all married couples whose relationships are not conflicted or overly conflicted.

Legal separation and divorce by mutual consent are based on agreements between the spouses, but they become effective only after approval by the Court.

When the spouses have reached an agreement about conditions regarding their personal and economic issues (e.g., custody and maintenance of children, allocation of the marital home, whether maintaining the weaker spouse and how to divide common property), they can officialize their separation agreement by a proceeding before the Court.

If the spouses also agree on the conditions relating to divorce, they can formalize it in the same separation procedure.

The procedure requires the following steps.

1) Negotiation phase

The appointed lawyers conduct negotiations to help their clients to reach an agreement. 

The negotiations are strictly confidential, and lawyers cannot forward communications between them to their clients or add them to the case dossier.

This phase can last as long as the parties need.

2) Joint claim for legal sepration

The attorneys draw up a joint claim and file it in the competent Court (a tax of € 43,00 has to be paid for the registration to the Court's role).

The judge does not have the power to modify the agreement, but if he believes that it does not adequately protect the interests of children, he can ask the parties to make some changes based on his suggestions. The Court does not emit the homologous decree if the new agreement is not reached.

3) Separation decree

The Court transmits the dossier to the competent Public Prosecutor and, after obtaining his authorization, issues a homologous decree of consensual separation after some days. 

4) Joint claim for divorce

Consensual separation and divorce can also be obtained through the negotiation assisted by attorneys, a procedure in which the parties who have already reached an agreement or intend to, cooperate to resolve the dispute amicably.

This procedure does not contemplate the presence of a third party and requires the following steps.

1) Invitation to negotiate

One party's attorney sends an invitation to negotiate to the other party. 

The letter must be followed by acceptance within 30 days of its receiving: the lack of answer within this time limit, or the refusal, will allow the inviting party to petition the Court and can be considered by the judge a reason for condemnation to pay the damages from the misconduct during the dispute.

2) First agreement

The parties, each one assisted by its lawyer, enter into a first agreement that has to specify:

- the term for the completion of the proceeding that has to range between one and three months;

- the object of the dispute.

3) Negotiation phase

The parties, assisted by their lawyers, will try and reach an agreement about every aspect of the matter.

The negotiations are strictly confidential, and lawyers cannot add to the dossier of the case communications between them.

4) Final agreement 

The attorneys will draw up the final draft of the negotiated settlement that must comply with mandatory regulations.

5) Public Prosecutor examination

The final agreement must be submitted for examination to the competent Public Prosecutor who can either grant or deny the certificate of no impediment: in this last case, the parties will have to try and reach a new agreement.

6) Transmission to the Civil Officer

Whenever the certificate of no impediment is granted, the lawyers will be responsible for the transmission of a certified copy to the competent civil officer in which the marriage was recorded or transcribed to conclude the procedure successfully.

The conditions stated in the agreement will be legally binding.

Negotiation assisted by attorneys can also be an alternative to judicial proceedings concerning the revision of separation and divorce conditions.