Italian Law: Waiting Period for Remarriage After Divorce

Italian Law Waiting Period for Remarriage After Divorce

Can divorced spouses remarry immediately? What is the widower’s mourning period? What happens if the temporary ban on new marriages is disregarded? The distinction between separation and divorce is often confused, forgetting that only divorce restores freedom of status. In other words, separated spouses remain legally married, allowing new relationships but not remarriage. The only remedy is divorce. In this context, the question arises: How soon can one remarry? There is a time limit, but exceptions exist.

Key Points:

  1. What is Divorce?
    “Divorce” legally dissolves the marital bond, restoring the freedom to marry.
  2. Legal Terminology:
    The law refers to this process as “marriage dissolution” for civil ceremonies and “cessation of civil effects” for religious-concordat ceremonies.

Differences Between Divorce and Separation:

Divorce and separation are distinct:

  • Only divorce grants the freedom to remarry.
  • Separation allows for new relationships but not remarriage.

In Summary: Italian law allows divorced spouses to remarry, emphasizing the legal termination of the marital bond. Separation permits new relationships but not remarriage. Understanding these distinctions is crucial for those navigating post-divorce relationships.

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