Legal support in divorce and property division in Italy and inheritance formalities

Divorce in Italy is a complex legal process that affects not only your personal life, but also your financial, property and sometimes parental rights. Incorrect steps, lack of information or late submission of documents can lead to significant losses, both emotional and material.

In such situations, professional legal support becomes critically important.

Our team provides full protection of your rights and interests at every stage of divorce and property division in Italy.

Who needs legal support during a divorce?

Professional assistance is necessary if:

  • the spouses have property that needs to be divided fairly

  • there are financial disputes or debts

  • one of the parties is exerting psychological or economic pressure

  • the relationship is accompanied by conflicts

  • there is a risk of asset concealment

  • the situation requires formal court proceedings

  • the parties cannot reach an agreement on their own

  • Even if the divorce is amicable, legal support ensures that all formalities are completed without errors and that your interests are protected.

How to get divorced in Italy if your husband or wife is abroad (outside the EU)

Italian law allows divorce proceedings to be initiated even if the other partner is not present in the country. The main condition is that at least one of the spouses must be a resident of Italy or the marriage must be officially registered in Italy.

Option 1. Voluntary (consensuale) — if both parties agree

This is the fastest and cheapest option. The partner who is abroad can:

  1. Sign a divorce agreement at the Italian consulate

  2. Sign the document at a local notary + have it apostilled

  3. Send the documents to a solicitor in Italy

After that, both parties sign the agreement - in person or remotely - and the court approves the divorce.

Option 2. Judicial divorce (giudiziale) — if the partner does not want to or cannot be contacted

This is a unilateral divorce. It applies if the partner:

  • does not respond

  • refuses to sign the documents

  • is in a country where it is impossible to process the documents

  • blocks communication

  • has disappeared

  • refuses to cooperate on principle

In this case:

  1. The solicitor submits an application to the Tribunale.

  2. The court officially sends a notification to the partner at their place of residence abroad.

  3. If the partner does not appear, the process continues anyway.

  4. The court may issue a decision without their participation.

We support the entire process on a turnkey basis — regardless of where your partner is located.

We do the following:

  • prepare a lawsuit or voluntary divorce agreement

  • collect and legalise documents (with apostille and sworn translation)

  • represent you in court without your physical presence

  • send legal notifications abroad

  • assist in the division of property

  • protect your interests in financial matters

  • accompany you until the final court decision

You do not need to travel to the country where your partner is located. Everything can be done remotely.

How does Vilar Assist help?

Call us or leave your contact information and we will consult you free of charge

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