Family Law 10 min read

Separations, Divorces &
The Unified Procedure

Complete guide to navigating family crises under Italy's Cartabia Reform: unified procedure, cumulation of claims, child custody, and financial protection. Expert legal analysis by Avvocato Carlo Carta.

CC

Avv. Carlo Carta

Family and Personal Law Expert

1 The Unified Procedure (Cartabia Reform)

The Cartabia Reform eliminated the distinction between previous procedures, introducing a single procedural model for all cases concerning individuals, minors, and families.

No More Two-Phase Process

The distinction between the presidential hearing and the evidentiary phase no longer exists. The process is now faster and more focused.

Single Hearing

The judge must schedule the first hearing within 90 days of filing the application.

Advance Evidence

Parties must indicate all evidence and produce documents (bank statements, tax returns from the last 3 years) from the first filing, under penalty of forfeiture.

2 Cumulation of Claims (Separation + Divorce)

The Most Important Innovation

It is now possible to request both separation and divorce in the same filing.

Advantage

You save time and legal costs. Once the required months have passed (6 for consensual, 12 for judicial), the divorce proceeds automatically without a new filing.

Effectiveness

The divorce judgment becomes effective only after the separation judgment becomes final and the prescribed waiting period has elapsed.

3 Consensual Procedure

For those seeking a quick, non-conflictual solution, there are two main paths:

Joint Application

Spouses file a common agreement in Court. The Judge can decide with a simplified "in chambers" procedure, often without the need for a physical hearing if there are no minor children or if the Judge deems it appropriate.

Assisted Negotiation

Procedure entirely managed by lawyers without going to Court.

2026 Update

It is now possible to include real estate transfers directly in the assisted negotiation agreement, with the effectiveness of a public deed for transcription purposes, avoiding notary costs.

4 Parenting Plan and Child Custody

The center of gravity of the reform is the protection of minors. Every application involving children must contain the Parenting Plan.

What is the Parenting Plan?

A detailed document describing children's daily activities (school, sports, grandparent visits, vacations).

Child's Right to Be Heard

The judge is required to hear the minor who has turned 12 (or younger if capable of discernment). The hearing is video recorded to avoid trauma from repetition.

Special Child Advocate

An enhanced figure that intervenes in high-conflict cases to represent the exclusive interests of the child, independently of the parents.

5 Maintenance and Financial Protection

The Reform requires total transparency from the filing date.

Mandatory Documentation

You must file tax returns from the last three years, bank statements, and documentation attesting to ownership of real estate rights and registered movable property.

Sanctions: Failure to provide or incomplete communication of your financial situation may result in damages and legal costs being charged to you.

Determination

Maintenance (for children or spouse) is calculated based on the principle of adequacy and standard of living, but with a rigorous eye on the actual capabilities emerging from the documents produced.

6 Modification of Conditions

Agreements can always be revised if "justified reasons" arise.

Simplified Procedure

Modification requests now follow a simplified procedure, guaranteeing a much faster Court response compared to the past.

Family Mediation

The Judge may, at any time, invite the parties to attempt a mediation path to reach an agreement on issues concerning children.

Important: Managing a family crisis with the new procedure requires rigorous technical preparation from day one: it is no longer possible to supplement evidence during the proceedings.

Need Family Law Assistance?

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Separations, Divorces &The Unified Procedure