The privatization of separation and divorce in Spain and Italy: a comparative study

Di Elisabetta Mazzilli -

The advanced stage of development of Family Law in Spain, which reflects in the fast-changing content of the corresponding legislation, has led to a strong privatization of the matrimonial crisis regulation. In the context of an evident emptying of the institutional character of marriage, in favour of the principle of autonomy and free development of the spouses’ personalities -considered as individuals and not as a social community of affection and interests-, private autonomy has become a privileged element within the marriage. Following said premise, the present article aims to analyze the ‘embryo’ of the various privatization patterns that have recently arisen, specifically in the field of matrimonial crisis regulation. This manuscript focuses on the new regulation of separation and divorce under Spanish law from a comparative perspective to current Italian regulation.