Amicable separation and divorce in Italy: What does amicable
separation mean?
The expression amicable separation in Italy refers to cases in
which two spouses reach an agreement on how to arrange their future
property and non-property relations once their cohabitation
ends.
The agreement usually covers the following main
areas:
- child custody and habitual residence, as well as the right of
access for non-custodial parents;
- possession of matrimonial home;
- contribution to child or spouse maintenance;
- other property matters.
From an economical viewpoint, as well as from the viewpoint of
child protection, amicable separations in Italy are regarded as
preferable to judicial separations, since the latter imply a higher
conflict degree between spouses.