Separation or divorce before the mayor: the spouses' agreement (Italy)
Italy · in Italian
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For spouses who want to separate or divorce by consent at their Comune, before the mayor acting as civil registrar, without going to court (art. 12 of Italian Decree-Law 132/2014). It is allowed only with no minor children, no adult children who are incapacitated, severely disabled or not financially self-sufficient, and no transfer of property; a periodic maintenance payment is possible. The text prepares the statements the spouses make in person and reminds them of the confirmation at least thirty days later. With children, a consensual separation goes through the court or assisted negotiation, both with lawyers. In Italian.
- Made for use in Italy
- Last updated October 27, 2026
Published byDocMuse
When to use this document
- You and your spouse want to separate amicably in Italy and have no children together.
- You want to separate or divorce at the town hall without going to court.
- Your children are grown up and independent, and the decision to divorce is a shared one.
- You are already separated and now want the divorce done at the Comune before the mayor.
What you fill in
The details the document asks for.
- Municipality (Comune)
- First spouse
- First spouse's codice fiscale (Italian tax code)
- First spouse's place and date of birth
- First spouse's address
- Second spouse
- Second spouse's codice fiscale (Italian tax code)
- Second spouse's place and date of birth
- Second spouse's address
- Date of the marriage or civil partnership
- Civil registry office holding the marriage certificate
- Agreement sought (separation, divorce or change of terms)
- Earlier separation or divorce, authority and date (divorce or change of terms only)
- Maintenance payment between the spouses
- Spouse who pays the maintenance (only if agreed)
- Monthly maintenance in euros (only if agreed)
- When and how the maintenance is paid (only if agreed)
- City
- Date
Common questions
- When can spouses in Italy separate or divorce at the Comune without going to court?
- When they agree and have no minor children and no adult children who are incapacitated, severely disabled or not financially self-sufficient (art. 12 of Decree-Law 132/2014). The agreement may not contain property transfers: no change of ownership and no lump sums, while a periodic maintenance payment is allowed (Council of State, judgment no. 4478/2016). The spouses go to the Comune where either of them lives or where the marriage is registered.
- How does a separation at an Italian Comune work, and what does it cost?
- You book an appointment with the civil registry office, and the spouses appear in person, with no need for a lawyer, to make their statements; the registrar draws up the record and has it signed. For a separation or divorce the spouses return, no earlier than thirty days later, to confirm the agreement: not appearing means not confirming (art. 12(3) of Decree-Law 132/2014). A fixed fee of €16 is paid to the Comune. Many Comuni publish their own free booking form.
- How long after the separation can spouses divorce at an Italian Comune?
- Six months after a consensual separation, including one made at the Comune or through assisted negotiation, and twelve months after a separation decided by the court, provided the spouses have not lived together again (art. 3 of Law 898/1970, as amended by Law 55/2015). A divorce at the Comune has the same conditions on children and property as the separation.
- What if the spouses in Italy have minor children or property to transfer?
- Then the Comune route is not allowed. What remains is a consensual separation in court by joint petition, filed since 1 March 2023 with a lawyer, who may act for both spouses, and assisted negotiation, with at least one lawyer for each spouse (art. 6 of Decree-Law 132/2014). This text does not serve in those cases.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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