Published: 2026-10-12

Could marital separation as regulated under Italian law serve as a point of reference for the Polish legislature?

Agnieszka Wojcieszak - John
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.5179

Abstract

The article examines whether the Italian model of marital separation can serve as a point of reference for the Polish legislator in developing consensual and out-of-court forms of separation. The main research question is whether Italian solutions, in particular consensual separation, negoziazione assistita, and separation by agreement before the civil-status registrar, could be adapted the Polish legal system while ensuring adequate protection of spouses and children. The study applies dogmatic-legal and comparative legal methods
and analyses relevant provisions of Italian and Polish family and procedural law, including recent developments resulting from the Cartabia Reform. The analysis demonstrates that
Italian law combines judicial separation with consensual and out-of-court mechanisms, al- lowing the procedural form to be adapted to the circumstances of marital breakdown while retaining judicial safeguards where required. The findings indicate that selected elements of the Italian model, particularly separation before the civil-status registrar in uncontested cases, may provide a useful point of reference for the Polish legislator. The article concludes that introducing a carefully regulated out-of-court form of separation in Poland could simplify and improve the efficiency of family proceedings, provided that appropriate legals safeguards are maintained.

Keywords:

separation, consensual separation, judicial separation, Italian family law

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Wojcieszak - John, A. (2026). Could marital separation as regulated under Italian law serve as a point of reference for the Polish legislature?. The Opole Studies in Administration and Law, 22(1). https://doi.org/10.25167/osap.5179

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