Managing Complex Estates in Marital Crisis

Facing a separation or divorce is always an emotionally delicate passage, but the situation becomes particularly critical when the family's asset structure involves significant economic interests, such as businesses, corporate holdings, or complex real estate portfolios. As a divorce lawyer in Milan, I understand that in these circumstances, it's not just the end of an emotional relationship at stake, but also the future economic stability of the parties and the operational continuity of the businesses involved. The main challenge lies in untangling the connections between private and corporate life, ensuring that the breakdown of the marital bond does not turn into irreparable damage for the assets built over the years.

Assisted Negotiation as a Strategic Tool

Italian law now offers an extremely effective tool for managing these complexities outside of courtrooms: assisted negotiation. Introduced by Decree-Law 132/2014, this procedure allows spouses to reach a consensual separation or divorce agreement with the mandatory assistance of their lawyers, without having to wait for the lengthy proceedings of ordinary justice. The real added value of this institution, especially for those with complex estates, lies in its flexibility and the possibility of including very detailed financial clauses in the agreement. The agreement reached, once authorized by the Public Prosecutor, has the same legal value as a court judgment. This means that it is possible to arrange for real estate transfers, company share assignments, or the establishment of real rights directly within the negotiation agreement, often benefiting from a favorable tax framework and a level of privacy that a public trial could never guarantee.

Studio Legale Bianucci's Approach to Business Division

The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by a vision that integrates matrimonial expertise with a solid focus on corporate and tax aspects. When a separation involves a business or company shares, one cannot limit oneself to dealing with maintenance payments; it is necessary to analyze financial statements, assess corporate liquidity, and understand governance dynamics. Studio Legale Bianucci's strategy aims to preserve the continuity of the business, preventing marital tensions from paralyzing work activities. We work to structure assisted negotiation agreements that provide, for example, for the sustainable liquidation of the departing spouse's share for the company, or the separation of real estate assets from business assets. The goal is to transform a moment of crisis into an opportunity for orderly and secure asset restructuring, protecting the value created over time.

Frequently Asked Questions

Is it possible to transfer shares of an s.r.l. (limited liability company) through assisted negotiation?

Yes, it is absolutely possible and often advisable. The assisted negotiation agreement can include clauses for the transfer of property rights, including company shares. This allows for the resolution of the company's ownership structure concurrently with the separation, making the agreement a suitable document for registration in the Companies Register, although it requires notarial intervention for signature certification and compliance with corporate regulations.

What happens if the company is held in joint property but managed by only one spouse?

This is one of the most frequent scenarios handled by a family law expert. If the company was established after the marriage and is under the legal community property regime, even if managed by only one spouse, the value of the company (or its shares) falls under the community of property (either immediate or residual, depending on the legal form). In assisted negotiation, the market value of the business is typically assessed to determine a cash settlement for the non-managing spouse, allowing the managing spouse to continue the activity independently.

Is assisted negotiation faster than a court case?

Definitely yes. While a court case for asset division can last for years, especially if expert technical reports are required to value businesses or real estate, the assisted negotiation procedure can be concluded in a few months. The duration depends almost exclusively on the parties' willingness to reach an agreement and the technical complexity of the asset structuring, but it completely eliminates the bureaucratic delays of the court.

What are the tax advantages of real estate transfers in assisted negotiation?

Acts of transfer of real estate or real rights carried out in execution of separation or divorce agreements, including those contained in assisted negotiation, benefit from significant tax exemptions. They are in fact exempt from stamp duty, registration tax, and all other taxes, levies, or duties. This makes assisted negotiation a very tax-efficient tool for reorganizing family and business assets.

Request a Strategic Consultation

If your separation involves complex economic interests, businesses, or corporate holdings, do not let uncertainty jeopardize your assets. Contact Studio Legale Bianucci for a preliminary case assessment. We receive by appointment at our Milan office at Via Alberto da Giussano, 26, to define together the most effective strategy to protect your interests and your entrepreneurial future.