How long do you have to wait before getting remarried after a divorce in Italy?

The law in Italy requires a waiting period before remarriage after divorce, commonly known as “lutto vedovile,” which lasts for at least 300 days following the dissolution of the previous marriage.

The woman is forbidden from marrying until this period has elapsed, a provision included in the Civil Code to prevent doubts about the paternity of any child born in the interim period. The exception is when a separation has already been pronounced or when the marriage was not consummated, which would mean the woman could remarry immediately. If there is no doubt about the paternity of a child, a tribunal may authorize marriage even if the waiting period has not elapsed. The failure to comply with the prohibition is punishable by law, and any new marriage is considered invalid.

The Italian law also requires that the couple must have been separated for a minimum of 12 months before filing for divorce. This waiting period is reduced to six months in the case of a consensual separation. The judgment for divorce is not immediate; the law allows for appeals, which must be filed within 30 days of the notification of the judgment or within six months of the publication of the decision. The parties may, however, waive their right to appeal by signing an agreement to acquiesce in the decision, and the judgment becomes final after this period.

Once the judgment has been finalized, the court must send a certified copy to the registrar of the municipality where the marriage was registered, and the dissolution of the marriage will be valid from that moment. Divorced persons can remarry once this process is complete.

In summary, the woman must wait for 300 days after divorce to remarry in Italy, except in certain cases. A waiting period of at least 12 months of separation is also required before divorce. The judgment for divorce can be appealed within 30 days of the notification of the judgment or within six months of the publication of the decision, but the parties can waive this right. Once the judgment is finalized, the dissolution of the marriage is valid from the moment it is registered, and the divorced person can remarry. Failure to comply with the rules results in the new marriage being considered invalid.