We loved each other so much: time and cost to get a divorce in Italy
Every 5 seconds, in Italy, a couple decides to separate, but it's not that easy. Here are the times and costs to get a divorce according to Moneyfarm's analysis
Moneyfarm, an asset management company with a digital approach, returns to address the economic implications of Italian life events, investigating what it means to separate and divorce in 2022. The evidence emerges from a survey carried out by Moneyfarm in collaboration with smileconomy, independent consultancy firm in financial education, and with the technical consultancy of the familiar lawyer Raffaella Pini of Milan.
THE TRENDS OF SEPARATIONS
Separations up 11% between 2010 and 2019. A couple breaks out every 5 seconds – Legal separations are the most reliable indicator for measuring the level of marital instability in our country. Despite the simplifications on divorces made in 2014, in fact, not all separations then turn into divorces.
In Italy there are on average 267 separation requests per day, or one every 5 seconds. For comparison, new marriages still remain higher, with 504 requests per day, one every 3 seconds.
Separations increased by 11% between 2010 and 2019, going from 88,191 in 2010 to 97,474 in 2019. This trend was driven by Southern Italy, with the highest increases in Calabria (+ 66%), Abruzzo (+45 %) and Molise (+ 34%). On the other hand, there were downward trends in Lazio (-9%), Friuli Venezia Giulia (-7%) and Liguria (-1%).
Contrary to popular opinion that the lockdowns due to Covid-19 have triggered numerous marital crises, in 2020 the requests for separation actually decreased by 18% also due to the blockage of administrative activities.
TRENDS ON DIVORCE
Peak of divorces in 2015 and 2016 after the 2014 reform (+ 89%), then slow decline – As mentioned, however, not all separations turn into divorces, despite the 2014 reform made the process easier.
Divorce requests grew by 89% between 2014 and 2016, but once the driving force of the new legislation was exhausted, divorces began to decline starting in 2017. In 2019 they fell by 14% compared to the post-peak -reform, settling at 85,549.
As in the case of separations, divorce requests also decreased in 2020 with the pandemic: -22%, for a total of requests dropped to 66,662.
THE WAYS, TIMES AND COSTS TO SEPARATE
Three months if consensual. Three years if judicial. With costs between 1,000 and 10,000 euros – Separations can take place in a consensual or judicial way, with considerable differences in terms of timing and costs: in the judicial case, the couple cannot find an agreement or consent on the separation, and therefore one of the two spouses will sue each other in court.
Typical topics on which agreement must be reached are maintenance allowance, custody of children and their placement, as well as other financial aspects. And the legal costs associated with lawyers and court costs must also be considered.
In Italy, 85% of the separations that took place in 2020 were consensual. In this case, the times are usually fast, with the practices that are resolved within 3 months, and even in just 5 working days if you rely on the assisted negotiation tool provided for by the Italian law. In this way, the costs of separating through assisted negotiation are quite negligible: it involves paying fixed fees and stamps for a figure that is around a few tens of euros. If, on the other hand, the support of a lawyer is provided, the figures can fluctuate between 1,000 and 3,000 euros.
A different story, on the other hand, for those who cannot find a consensual agreement: this is the case of 15% of the requests made in 2020. For those who resort to a judge, the times are dramatically lengthened: it takes, on average, between 2 and 4 years, but extensions of up to 7-8 years are not excluded based on the complexity of the case. Consequently, the costs also rise: from 3,000 to 10,000 euros.
THE WAYS, TIMES AND COSTS TO DIVORCE
Three months if consensual. Over two years if judicial. With costs between 1,500 and 20,000 euros – By law, divorce can take place once 6 months have elapsed from a consensual separation or 12 months from a judicial separation, which start from the first separation hearing in the Court (the so-called Presidential hearing). In this case, in addition to the costs already incurred for the separation (ie between 1,000 and 10,000 euros per spouse), others are added.
In 2020, 72% of divorces were by consensus. This procedure allows – as with the separation – to complete the paperwork in 3 months through the Court or 5 working days with assisted negotiation. The costs are between 1,500 and 3,000 euros for each spouse.
If the judicial procedure is used, the times extend beyond two years depending on the litigation. The complexity of the case also weighs heavily on costs: the cost ranges from 3,000 to 20,000 per spouse. The highest price, however, is paid in the event of total disagreement: not only the overall cause (separation and divorce) could reach 10 years, but the costs could increase by a further 5-7,000 euros for appraisals and private investigators.
Therefore, considering the costs incurred by the single spouse indicated in the table, the separation and subsequent divorce can cost from 5,000 euros (the minimum if you opt for the consensual way without assisted negotiation) to a maximum of 60,000 euros per couple. However, the divorces of the super-rich and VIPs do not enter into this case, where the process can cost hundreds of thousands of euros based on the assets.
THE SECOND (AND THIRD) WEDDING
One in four marriages in 2020 saw at least one divorced person participate – The data for 2020 provide an interesting picture also for second and third marriages.
25,435 divorced have in fact remarried. In 62% of cases, these are newly divorced married to those who, on the other hand, were at their first marriage. 32% are divorced and divorced and remarried and the remaining 6% are divorced and remarried with people who have been widowed.
The data also shows that divorced men remarry more frequently after the age of 60, while for women between the ages of 50 and 54.
ADVICE FROM THE EXPERTS TO THOSE WHO ARE CONSIDERING A SEPARATION
Program. Separations and divorces must be planned a little in advance, especially if it is a person with a low income (while those without income can take advantage of the benefit of legal aid, at the expense of the state). Programming will be useful for accumulating the savings that allow adequate legal assistance and survival in the initial period of the marital fracture (the one of greatest conflict), when usually the economically stronger party uses its economic power as a means of pressure to force the other party to close less convenient deals.
Stay at home. It is very important not to leave the marital home before consulting a lawyer. In fact, often the simple removal from the marital home precludes the possibility of returning there and the loss of the right to continue living there (in the presence of certain conditions).
Collect evidence of the standard of living. Fundamental in the judicial separation procedure is the proof of the standard of living enjoyed by the couple (or by the family) during their marriage. It is advisable to collect evidence relating to lifestyle in advance by keeping proof of expenses, such as holidays, dinners out, attending more or less expensive sports or hobbies, etc.
Handle the betrayal. For those who have been betrayed, it is essential to go to court with proof of such infidelity. In spite of the understandable difficulty in remaining lucid in the face of the discovery of a betrayal, it is useful to collect and preserve the evidence of such a discovery. This will save at least the cost of the private investigator, otherwise necessary.
For those who have betrayed, things change whether or not there is evidence of the betrayal until the first hearing of the separation, when the judge will authorize the parties to live apart and, therefore, to be able to start leading independent lives without the mutual obligation. of fidelity. Before then, being discovered could be a “cause of charge” for the separation, with consequences on the economic structure of the separation itself.
THE EXPERT'S COMMENT
Vincenzo Cuscito, Head of Investment Consultants Italy Moneyfarm commented: “In the newspapers we often hear about the economic implications of famous separations and divorces, but separating has a financial impact on everyone and this impact deserves to be investigated as it is no less relevant. Moneyfarm data shows that every 5 seconds in Italy a couple decides to separate, an unexpected event that occurs with increasing frequency. To deal with this as well as other unforeseen events that can occur in the lives of all of us, the advice is not to underestimate the role of financial planning, which helps to avoid being completely unprepared by events that are already sufficiently burdensome from a psychological point of view. It is essential to adequately analyze one's financial situation together with a financial consultant and get used to reasoning with him on medium-long time horizons that may contemplate scenarios that are not always rosy ".
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/ceravamo-tanto-amati-tempi-e-costi-per-divorziare-in-italia/ on Sat, 08 Oct 2022 05:23:03 +0000.