The privatization of the divorce in Italy

Di Salvatore Patti -

In Italy, the Christian idea of the marriage being indissoluble, came to an end in 1970, when the law no. 898 was enacted, finally introducing the divorce in Italy; this law has been profoundly modified first in 1987, introducing a combined application of the spouses to obtain the divorce. The idea still was that the dissolution of the marriage was outside the scope of negotiating autonomy and, thus, only a judicial intervention could dissolve the marriage. In 2014, this scenario has been profoundly modified in following an intervention of the legislator, who – in the context of a “simplification” of the civil justice system – has introduced two proceedings that in some ways are alternatives that overlook from a judicial sentence.