One of the first questions clients ask when they sit down to discuss a separation is rarely about the law. It is about how long the process will take and how much it will cost. Both questions deserve an honest answer, and that honest answer is invariably range-based rather than a single figure, because the cost and duration of a separation in Milan depend on a number of factors that can be assessed early but rarely controlled completely. The numbers below reflect the situation as it stands in 2026, with the unified family proceedings introduced by Legislative Decree 149/2022 and in force since 28 February 2023 (Article 35).
Overview of the procedures
Italian law offers three distinct routes to separate. The first, and most common in Milan, is the consensual separation, in which both spouses agree on every aspect of the separation, including custody and visitation arrangements for any children, the use of the family home, maintenance contributions and the division of moveable assets. The agreement is presented to the court in a joint petition and, after a single appearance before the judge, is ratified by a homologation judgment that gives it legal force (Article 473-bis.51 of the Italian Code of Civil Procedure). Under Italian law this judicial step is required: the spouses’ agreement, however thorough, does not become enforceable until the court has reviewed it, particularly in relation to the interests of any minor children.
The second route is the assisted negotiation procedure, introduced by Decree-Law no. 132 of 12 September 2014 (Article 6), converted into law by Law 162/2014. Each spouse is represented by a lawyer; the lawyers negotiate and draft an agreement which, once signed, is transmitted to the public prosecutor for clearance (nullaosta) or authorisation. If there are no minor children, and no adult children who are incapable, have a serious disability or are not self-sufficient, the prosecutor’s clearance is enough. If there are, the prosecutor authorises the agreement when it is in their interests; otherwise it is sent to the president of the court (Article 6, paragraph 2). Assisted negotiation typically removes the need for a courtroom hearing and produces an enforceable agreement more quickly than the consensual route through the court.
The third route is the judicial separation, used when the spouses are unable to agree on one or more aspects of their separation. The case is filed under Article 473-bis.12 of the Italian Code of Civil Procedure, follows the unified family proceeding and may involve interim orders, evidence-gathering, expert reports and the hearing of children before the court issues a final decision. A fourth, simplified, channel exists: an agreement before the Civil Registrar of the municipality, which can be completed in a matter of weeks but is not available where there are minor children, adult children who are incapable or have a serious disability, or children who are not financially self-sufficient (Article 12, paragraph 2, Decree-Law 132/2014). The agreement cannot contain clauses transferring property and must be confirmed before the Registrar no earlier than thirty days after the spouses’ declarations (Article 12, paragraph 3).
Average timelines by type
In Milan in 2026, a consensual separation filed before the Family Section of the Court is typically resolved in four to six months from the filing of the joint petition to the issue of the homologation judgment. The first appearance before the judge is normally scheduled within ninety days of filing, and the homologation judgment follows within a few weeks of that hearing, sometimes longer where the agreement requires adjustments concerning the children. An assisted-negotiation procedure, conducted entirely out of court, often runs even faster, with timelines ranging from six to twelve weeks depending on the complexity of the negotiation and the responsiveness of the public prosecutor’s office.
A judicial separation, by contrast, requires significantly more time. The Milan Family Section currently resolves contested separations within eighteen to thirty months at first instance, with the longer end of the range reflecting cases that involve complex valuations of business interests, real-estate portfolios, international assets, or contested custody arrangements that require psychological assessment of the family unit. An appeal against the first-instance decision adds further time: before the Milan Court of Appeal, civil proceedings took 10.4 months on average in the 2024/25 judicial year (all subject areas), while an appeal to the Court of Cassation takes more than three years on average (3 years and 3 months in 2025, all civil matters).
The procedural changes introduced by the Cartabia Reform have, in the experience of the Milan bar, gradually reduced the average duration of contested cases by concentrating the introductory phase in a single hearing and by giving the judge stronger case-management tools. The savings are real but should not be overestimated: a contested separation remains a multi-year exercise whenever the underlying conflict is not addressed.
The main cost items
The cost of a separation in Milan in 2026 is the sum of several distinct items. Court fees, the so-called contributo unificato, are modest for separation and divorce proceedings, currently set at €43 for a consensual separation and €98 for a judicial one (Article 13, paragraph 1, letters a and b, Presidential Decree 115/2002), plus a flat €27 for service of process. Notary fees, where applicable, vary depending on the complexity of the supporting documentation. For an agreement before the Civil Registrar, the fixed fee payable to the municipality cannot exceed the fixed stamp duty for marriage banns (Article 12, paragraph 6, Decree-Law 132/2014).
The principal cost item is, in almost every case, legal fees. For a simple consensual separation in Milan, in which the spouses have already agreed on the substance and the lawyers are involved primarily to draft the petition, attend the hearing and follow the homologation, fees depend on the seniority of the lawyer and the level of work required to translate the parties’ agreement into a robust legal text. This is not a figure that can be quoted in advance without seeing the case: for that reason the firm issues a written quote before accepting instructions. Where the two spouses are represented by a single lawyer, jointly chosen, the overall outlay is lower but the lawyer’s role is necessarily limited to a notarial one.
An assisted-negotiation procedure tends to fall within the same range, with the cost concentrated in the drafting and negotiation phase. A judicial separation is a different cost category altogether. Fees depend on the complexity, value and duration of the case: a contested separation costs considerably more than a consensual one, with the gap widening where business valuations, international elements or appeals come into play: these are precisely the factors that lengthen proceedings and multiply the filings. Recovery of legal costs from the other spouse is possible: the rule is that the losing party reimburses the other party’s costs (Article 91 of the Italian Code of Civil Procedure). The judge may, however, offset the costs, in whole or in part, in the cases set out in Article 92, such as where each party has partly lost. In family matters the courts apply the rule conservatively and typically order each party to bear their own costs unless there is clear bad faith. Article 96 of the Code instead concerns damages where a party has brought or defended the case in bad faith or with gross negligence.
How to navigate the choice
The right route is rarely a matter of cost alone. Where the spouses can already see, even in outline, the shape of an acceptable agreement, the consensual route or assisted negotiation is almost always preferable: it is faster, cheaper, less emotionally taxing and leaves the parties with more control over the outcome. Where the underlying issues, whether on children, assets or maintenance, remain genuinely contested, attempting to force a consensual procedure rarely saves time, because an inadequately negotiated agreement is likely to unravel within months.
Three practical steps tend to make the difference. First, an early and frank conversation about expectations on custody and maintenance, before legal positions harden, frequently identifies a workable agreement. Second, a clear picture of the family’s assets and income, organised in a structured way, gives the lawyers something to work with and prevents the case from drifting into evidence-gathering that adds time and cost without adding value. Third, the choice of counsel matters: a lawyer experienced before the Milan Family Section will read the situation with the Court’s expectations in mind and will set realistic expectations from day one. Transparency on timelines and costs is the first protection the client receives, and a realistic estimate is worth more than a reassuring promise.
Studio Legale Lo Torto handles separation and divorce matters before the Court of Milan and, through its Venice office, throughout Italy, and provides clients with structured estimates of timelines and costs at the outset of each engagement, updated as the case develops.
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Book a first consultationFrequently asked
How long does a consensual separation usually take?
Between 4 and 6 months from the filing of the petition to the homologation judgment, subject to the specific workload of the Court.
Can I separate without going to court?
Yes, through assisted negotiation or an agreement before the Civil Registrar. Assisted negotiation is also available where there are minor children, adult children who are incapable or have a serious disability, or children who are not financially self-sufficient. Without such children the public prosecutor gives clearance; with such children the prosecutor authorises the agreement, if it is in the children's interests (Article 6, paragraph 2, Decree-Law 132/2014). An agreement before the Civil Registrar is not available where there are such children, cannot contain clauses transferring property and must be confirmed no earlier than thirty days after the spouses' declarations (Article 12, paragraphs 2 and 3, Decree-Law 132/2014).
What are the minimum costs?
There is no figure that can be given in advance without seeing the case. The firm issues a written quote before accepting instructions, so you know the cost before committing.
Can I recover my legal costs from the other spouse?
It depends on the outcome of the case. The rule is that the losing party reimburses the other party's costs (Article 91 of the Code of Civil Procedure), but the judge may offset the costs, in whole or in part, in the cases set out in Article 92, such as where each party has partly lost. If the losing party has brought or defended the case in bad faith or with gross negligence, the judge, at the other party's request, also orders it to pay damages (Article 96).