According to Italian Law, the “consensual” or “mutual” separation is the separation scheme that relies over spouses’ mutual agreements to proceed with the separation. Important to notice, with the mutual separation, spouses decide to diminish their matrimonial ties while reorganizing their economic situation and possible child custody. In such context, a separation constitutes the previous phase to divorce. However, during separation period, it is possible that spouses will decide to restart their familiar life together.

In the context of mutual separation, the Judge shall to admit spouses’ will to interrupt their matrimonial ties. Spouses draft a separation agreement that sets separation terms and condition also including eventual child support elements. The Judge needs to assess the legality of such separation agreement through the homologation process.

Mutual Separation Procedure

Mutual Separation Process is introduced by lodging an appeal before the Court. In the event the appeal is lodged by both spouses, the competent Court is the one for the place where spouse have the residence. In the event the appeal is lodged by one of the spouses, the competent Court is the one for the place where the other spouse has residence. Spouses must appear at court hearing to the mandatory attempt to reach a reconciliation. In the event such reconciliation is not achievable, the Court draft a report.

A further report is drafted and it contains details and terms of separation agreement including child custody and spouses’ economic conditions. In this context, children primary interest are the most relevant asset to take into consideration.

Mutual Separation Documents

        Spouses’ Residence Certificate;

        Marriage Certificate;

        Spouses personal income declaration;

        Bureaucratic documents such as ID cards, and other necessary documents that may serve the purpose for a separation proceeding.

Child Support

Italian Child Support Law has changed deeply in the last years. In fact, the standard principle is that both spouse will participate to the education and growth of the children under a shared custody regime. Spouses’ children have the right to maintain a relationship with both his/her parents. Within this context, both spouses must contribute to the development and education of their children in proportion to their economic capacity.

Procedure length

Consensual separation procedure is faster than judicial separation. Generally speaking, the average duration of such proceeding is between couple of months and 7 months. In addition, a further procedure named assisted negotiation is able to reduce the duration of separation process. In fact, thanks to lawyer assistance, spouses will be able to draft a separation agreement. Such agreement, once homologated by the Chief Civil Registrar, has the same outcome of traditional mutual separation process.


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