For over a decade our family law department has been providing assistance to individuals in connection with divorce and family law issues in Italy.

Our Italian family law team, which is led by Avv. Alessandro Gravante and Avv. Nicoletta Neglia, comprises of a team of Italian lawyers who specialise in exclusively advising foreign clients on divorce, ancillary relief, judicial separation and child proceedings and other family law related matters throughout Italy. Our Italian lawyers provide a wide range of services which in addition to those already mentioned also include special guardianship orders, financial disputes, civil partnerships, cohabitation issues and associated property disputes.

Our lawyers have considerable expertise in protecting clients with complex financial issues, including matters relating to diverse sources of income. The firm is also able to assist in all aspects of family and children law, including custodial parental rights and the creation of an alternative family structure. As well as advising on complex international children law involving more than one jurisdiction.

We welcome clients of different nationalities and our multi-lingual lawyers can assist clients involved in complex cross-border divorce cases.

Legal Law Limited was one of the first law firms whose family law teams specialised in “Collaborative Divorce Proceedings”, introduced by the new Legislative Decree 2014/1323

This new Decree introduced “Assisted Negotiation” as a compulsory step for separation and divorce proceedings in Italy; the new procedure is similar, in broad terms, to divorce through mediation rather than via the judicial proceedings courts, although lawyers are required to represent each party. Any agreement reached through “Assisted Negotiation”  needs approval by the court but does not require a  hearing.

Legal Law Limited can provide legal advice in:

• Divorce and separation;
• Italian child abduction;
• Forced marriage cases;
• Custodial parent rights;

Our aim is to offer is to provide solutions that attempt to limit the distress that accompanies a marriage break-up.

Legal Law Limited’s family law team includes members of the International Bar Association as well as many international family law organisations and has well-established connections with other international law firms worldwide.

The Italian legal separation of the spouses is regulated by the Italian Civil Code, the procedural code and related statutes.

When a couple decide to separate, they have to appear before the President of the Local Court (“Udienza Presidenziale”) who offers them the choice of reconciliation or a formal separation (separazione formale) for one year. Financial matters should also be dealt with at this time.

There are two types of legal separation in Italy. The first is consensual separation, which stems from a mutual agreement between husband and wife, and which is then approved by the court.  The second is judicial separation, in which hearings and discussions are normally involved before an agreement is reached and the judge determines which spouse is responsible for the failure of the marriage.

The legal separation in Italy is a temporary measure as it does not terminate the marriage; the main consequences are that the joint ownership of assets between the parties is divided, the duty of cohabitation under the matrimonial home is interrupted and the duty of marital fidelity is no longer applicable.

Separation in Italy is a no-fault system but  being able to successfully establish responsibility for the breakdown of the marriage is an important factor to establish the right to ancillary relief  and maintenance

Within the judicial separation proceedings, the parties come to a temporary determination of their personal and financial circumstances and interim orders are made in respect any ancillary relief and patrimonial issues; the attribution of the family home; the maintenance (usually in favour of the wife) and the custody and visitation of the children

The Italian legal separation of the spouses is regulated by the Italian Civil Code, the procedural code and related statutes.

When a couple decide to separate, they have to appear before the President of the Local Court (“Udienza Presidenziale”) who offers them the choice of reconciliation or a formal separation (separazione formale) for one year. Financial matters should also be dealt with at this time.

There are two types of legal separation in Italy. The first is consensual separation, which stems from a mutual agreement between husband and wife, and which is then approved by the court.  The second is judicial separation, in which hearings and discussions are normally involved before an agreement is reached and the judge determines which spouse is responsible for the failure of the marriage.

The legal separation in Italy is a temporary measure as it does not terminate the marriage; the main consequences are that the joint ownership of assets between the parties is divided, the duty of cohabitation under the matrimonial home is interrupted and the duty of marital fidelity is no longer applicable.

Separation in Italy is a no-fault system but  being able to successfully establish responsibility for the breakdown of the marriage is an important factor to establish the right to ancillary relief  and maintenance

Within the judicial separation proceedings, the parties come to a temporary determination of their personal and financial circumstances and interim orders are made in respect any ancillary relief and patrimonial issues; the attribution of the family home; the maintenance (usually in favour of the wife) and the custody and visitation of the children