Divorce, child custody, international parental disputes, prenuptial agreements and inheritance matters.
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If you and your spouse are from different countries, EU Regulation Rome III may determine applicable law. A family lawyer can advise on your specific situation.
Courts prioritise the child's best interests. International custody disputes may involve the Hague Convention. Always use a specialist family lawyer.
Browse our verified directory of law firms across Italy's major cities. All listed firms offer English-language legal services to expats and foreign nationals.
Find My Lawyer in 60 SecondsRoutes to divorce, separation (separazione), child support tables and inheritance rights — under the Codice Civile and L. 898/1970 (legge sul divorzio).
| Route | Requirements | Duration | Cost (est.) | Legal Basis |
|---|---|---|---|---|
| Accordo in Comune (municipal agreement) | No minor children; no incapacitated children; no property transfer; both agree on all terms | 1–2 months | €16 bolli only | L. 162/2014 art. 12 |
| Negoziazione Assistita (avvocati negotiate) | Both parties have own avvocato; can include property transfers and child maintenance provisions | 2–4 months | €1,500–€5,000 per avvocato | L. 162/2014 artt. 6–7 |
| Divorzio giudiziale consensuale (court, agreed) | Agreed terms filed at Tribunale; hearing usually brief | 6–12 months | €2,000–€6,000 per side | L. 898/1970 art. 4 |
| Divorzio giudiziale contenzioso (contested) | Parties cannot agree; Tribunale decides on maintenance, property, custody | 2–5 years | €5,000–€20,000+ per side | L. 898/1970 art. 4; CC artt. 337-bis–337-octies |
Separation first: Italy requires legal separation (separazione legale) before divorce. Since divorzio breve (L. 55/2015), the waiting period is 6 months for consensual separation and 12 months for contested separation (previously 3 years). The clock starts from first court appearance or agreement.
Italian courts set maintenance based on the child's needs, standard of living during marriage, parents' income, and time each parent spends with the child. The following table provides indicative ranges only — courts have wide discretion.
| Paying Parent Net Income | 1 Child | 2 Children | 3 Children |
|---|---|---|---|
| €1,500/month | €200–€350 | €350–€550 | €450–€700 |
| €2,500/month | €350–€550 | €550–€800 | €700–€1,100 |
| €4,000/month | €550–€900 | €800–€1,300 | €1,100–€1,800 |
| €6,000/month | €800–€1,400 | €1,300–€2,000 | €1,800–€2,800 |
| €10,000/month | €1,200–€2,500 | €2,000–€4,000 | €2,800–€5,500 |
Maintenance is adjusted for ISTAT cost-of-living index annually. Courts may also allocate extraordinary expenses (spese straordinarie — medical, educational) 50/50 or proportionally.
| Regime | Default? | Effect | Legal Basis |
|---|---|---|---|
| Comunione dei beni (community of property) | YES — national default since 1975 | Assets acquired during marriage jointly owned 50/50; pre-marriage assets remain separate | CC artt. 159–230 |
| Separazione dei beni (separation of property) | Opt-in by notarial deed | Each spouse owns their own assets; no automatic sharing on divorce | CC artt. 215–219 |
| Fondo patrimoniale | Opt-in — assets ring-fenced for family needs | Designated assets (usually property) protected from creditors for family purposes; notaio required | CC artt. 167–171 |
Italian law protects legittimari (forced heirs — spouse, children, in some cases parents) with mandatory minimum shares (quote di legittima) that cannot be waived by will.
| Heirs | Quota di legittima |
|---|---|
| Spouse only (no children) | 1/2 of estate |
| 1 child only | 1/2 of estate |
| 2+ children (no spouse) | 2/3 of estate (shared equally) |
| Spouse + 1 child | Spouse 1/4 + child 1/4 = 1/2 total |
| Spouse + 2+ children | Spouse 1/4 + children 1/3 total |
Sources: L. 898/1970 (divorzio); L. 55/2015 (divorzio breve); L. 162/2014 (negoziazione assistita); CC artt. 143–230 (matrimonial regimes); CC artt. 536–564 (quota legittima); CC artt. 337-bis–337-octies (parental responsibility post-divorce).
