Montel, Alberto. “Italy: Recognition of Foreign Annulment and Divorce Decrees.” The American Journal of Comparative Law, Vol. 4, No. 3, (1955), pp. 439-443. 1 April 2008.

Alberto Montel’s article, “Italy: Recognition of Foreign Annulment and Divorce Decrees,” provides background information on the progress of divorce laws and the different types of marriage in Italy. There are two ways in which a marriage was recognized in Italy as of the 1950s. One method was the “civil” marriage, which was solely a legal affair. The jurisdiction concerning the validity of this type of marriage lay within the ordinary civil courts. The other method of recognizing marriage was the “concordat” marriage, which was “performed by a Catholic priest in accordance to canonical law” (440). According to a 1929 law, only the Catholic Church had authority to grant annulments when the marriage was of the “concordat” type. Although in the 1950s “divorce [was] not admitted by the Italian law, Italy [was] under international obligation to execute foreign divorce decrees dissolving marriages contracted by spouses belonging to a country where divorce [was] lawfully accepted” (440). Montel states that because of this “concession,” couples who were dissatisfied with their marriages abused the passive and relaxed sentiments of the court and pursued divorce decrees abroad (441).

“Italy: Recognition of Foreign Annulment and Divorce Decrees” is useful in contributing a detailed account about the different types of marriage, as well as restrictions and concessions to getting a divorce as of 1950 for the audience of Divorzio all’Italiana. From reading this article, the difficulty of obtaining an annulment becomes quite obvious: an unhappy couple either needs the civil courts to proclaim their marriage “invalid,” or for the Vatican to grant them an annulment. The latter situation is quite unlikely as up to the 1970s, the Vatican was strongly against divorce. Fefe Cefalu is therefore left with few options end his marriage with Rosalia and in order to marry Angela. In Divorzio all’Italiana, although the priest played a minor role in the movie, he was able to convey the struggle amongst the people, who were in favor of divorce.  The fact that couples were already seeking divorce decrees abroad by the 1950s shows how their were Italian people in favor of having divorce laws. Furthermore, the fact that Italy was recognizing foreign divorce decrees was a sign that the institution of marriage was soon to be weakened by the possibility of divorce and annulments.

Rheinstein, Max. Marriage stability, divorce, and the law. Chicago: University of Chicago Press, 1972.

In Marriage stability, divorce, and the law, Max Rheinstein discusses the status of divorce laws in different countries such as Italy, Japan, the Soviet Union, France, Sweden, and the United States. Regarding Italy, a law allowing the institution of divorce was not passed until December 1, 1970. This law was likely passed due to influence of the League for the Institution of Divorce, one of the first middle-class pressure groups of this type in Italy. There were no official divorces until this law was passed; however, 1950s estimates reveal the number of permanent separations and abandonments to be 600,000. During this time, more than one million “irregular unions” in which either one or both parties were married to people other than their sexual partners existed. According to Rheinstein, “the battle about divorce […] is part of the battle over restructuring Italian society. […] By its intervention, the Vatican has turned divorce into a symbol. If the defense is lost, the church’s traditional power position will be shaken” (192).

Rheinstein’s book is extremely significant in order to understand the situation that Fefe Cefalu was going through, and moreover, the divorce situation in Italy at the time. The movie Divorzio all’Italiana was filmed in 1961, nine years before the institution of divorce was allowed to exist, yet eleven years after the reporting of  “irregular marriages.” This means that at that time, the thought of divorce was definitely present, yet suppressed; especially in Sicily, which is known to be a very religious and traditional part of Italy. Furthermore, throughout the mid to late 1960s, there were a series of protests in favor of instituting divorce laws. Films that criticized Italy’s lack of divorce law, such as Divorzio all’Italiana, likely inspired people to protest since the movie reflected the social discontentment at the time. Finally, since the battle for divorce became strongly associated with the Vatican, movies like Divorzio all’Italiana, in which the Italy’s lack of divorce is ridiculed, is in essence undermining the Vatican’s authority in a time in which it is still very powerful.  

JSTOR: Journal of Marriage and the Family, Vol. 56, No. 2, (1994 ), pp. 249-263