The New Frontier of Matrimonial Law: Separation and Divorce in a Single Proceeding

The decision to end one's marriage represents one of the most delicate moments in a person's life, fraught with emotional and organizational implications. Until recently, the Italian legal system imposed a forced step-by-step process, obliging spouses to undergo two distinct and separate proceedings over time: first separation, and only later, divorce. Today, thanks to the recent Cartabia Reform, the landscape has radically changed, offering more streamlined and faster tools for those who need to close a chapter of their lives. As an expert family law attorney in Milan, Avv. Marco Bianucci daily receives requests for clarification on this important legislative innovation, guiding clients through the opportunities offered by the new procedural regulations.

How the Cumulation of Claims Works Under the Cartabia Reform

The introduction of the Cartabia Reform has marked an epochal turning point in family procedural law, introducing the possibility of simultaneously filing a claim for separation and a claim for the dissolution or termination of the civil effects of marriage, commonly known as divorce. This option, governed by the new Article 473-bis.49 of the Code of Civil Procedure, allows for two phases that were previously necessarily distinct to be concentrated into a single judicial process. It is crucial to understand that, although the claims are filed simultaneously in the same application, the divorce decree will not be immediate. The judge will first pronounce the separation and, only after the legally prescribed period (six months in case of mutual consent or twelve months in case of judicial separation) has elapsed and the separation decree has become final, will they be able to proceed with pronouncing the divorce. However, the entire proceeding is significantly accelerated, as it is no longer necessary to file a new application, await new hearing dates, and duplicate procedural costs. This mechanism requires a deep understanding of the new procedural dynamics to be exploited to its fullest, avoiding formal errors that could slow down the process.

The Bianucci Law Firm's Approach to the Unified Procedure

Adopting the unified procedure requires a meticulous and forward-thinking legal strategy. The approach of Avv. Marco Bianucci, an attorney with consolidated experience in matrimonial law in Milan, focuses on the preliminary analysis of the sustainability of the agreement or dispute. Not all cases automatically lend themselves to this procedure: it is necessary to assess whether the prerequisites exist for a comprehensive agreement covering both separation and future divorce aspects, or if the conflict between the parties suggests different paths. At the firm located at Via Alberto da Giussano, each case is examined in detail to verify the feasibility of a joint or cumulative judicial application. The goal is to ensure the client not only a saving of time and financial resources, by avoiding duplication of legal fees and unified contributions, but above all to reduce the psychological stress burden arising from lengthy and fragmented litigation. The drafting of legal documents in this context becomes an operation of high legal precision, where each clause must be designed to withstand the test of time, regulating financial and parental arrangements that will also be valid for the post-divorce phase.

Frequently Asked Questions

Is it possible to obtain separation and divorce on the same day?

Not exactly. Although the Cartabia Reform allows claims to be filed in the same document and processed in the same proceeding, the substantive timelines remain distinct. The judge will pronounce the separation decree, and only after the legally prescribed months (six or twelve months) have passed and the separation decree has become final, will they be able to pronounce the divorce without the parties having to initiate a new lawsuit.

What are the economic advantages of the single application?

The main economic advantage lies in procedural economy. By undertaking a single proceeding instead of two distinct ones, the direct costs related to unified contributions and revenue stamps are reduced, and legal assistance expenses are optimized, as defensive activities are concentrated in a single judicial process instead of being duplicated years later.

What happens if we reach an agreement on separation but not on divorce?

This is a delicate situation that requires the intervention of an experienced family law attorney. If the parties have filed a joint application but the agreement fails on some conditions for the future divorce, the proceeding may transform from consensual to contentious for the divorce-related part, or require separate management of the disputed issues. The stability of initial agreements is fundamental for the success of the unified procedure.

Request a Strategic Consultation in Milan

If you wish to understand whether your family situation meets the requirements to benefit from the unified separation and divorce procedure introduced by the Cartabia Reform, an in-depth preliminary assessment is essential. Contact Avv. Marco Bianucci to analyze your specific case. The firm receives by appointment in Milan, at Via Alberto da Giussano 26, to offer you clear, concrete legal assistance oriented towards protecting your future interests.