The Parabola of Fault in the Italian Law of Separation and Divorce

Abstract

The Italian Civil code passed in 1942 - still in force, although extensively modified - did not envisage divorce but only spousal separation, in the framework of a very traditional conservative family model. Divorce was introduced in 1970 (Law 1 December 1970, n. 898), arousing a huge debate in both society and politics, and was followed by a referendum won by a majority of “no” to the abrogation of the law amounting to 59,3% of the voters. In 1975 a comprehensive reform of family law was passed2 not altering divorce law - which was not inserted in the Civil code - but changing the old rules of the Civil Code on separation and providing for a family model that was much more coherent with the Italian Constitution (1948).