End of marriage, green light for separation and divorce in one fell swoop

When a marriage ends, the transition between separation and divorce can be long and expensive, involving a series of legal procedures. Separation means that a married couple lives separately, but is legally still considered married. Divorce, on the other hand, represents the legal end of a marriage and, once it has been finalized, both spouses are free to marry again.

Many couples would directly opt for divorce, to start a new phase of their lives as soon as possible. There is good news for them: a recent Supreme Court ruling has opened the way to an easier procedure for those who wish to separate and divorce at the same time, eliminating the need to start two separate legal proceedings, with all the costs (such as paying the lawyer twice and the unified contribution, a kind of tax that must be correspond every time a case is started) and the additional time this entails. This decision marks an important step forward and it is part of the Cartabia reformwhich came into force last February, to simplify the process of those who separate and better protect the interests of their children.

Until now, anyone who wanted to separate had to first sign the separation agreement, wait six months and then undertake a second procedure with a new appeal to obtain a divorce. Any separation agreements could not involve aspects relating to divorce. However, with this new ruling, it is possible to achieve a single agreement that includes both separation and divorceaddressing all relevant issues simultaneously and filing a single document with the Court.

Thanks also to the telematic innovations that have been introduced, judges will be able to first issue the separation sentence and then, after just six months, the divorce sentence. This new approach not only allows a considerable saving of time and money, but it also brings the judicial system closer to the practical needs of citizens, offering a faster and less burdensome path for all parties involved.