The End of a Civil Union

The decision to dissolve a civil union is a complex moment, intertwining emotional aspects with legal matters of considerable importance. Understanding the procedure, your rights, and the substantial differences compared to divorce between heterosexual spouses is the first step in navigating this path with awareness and peace of mind. As a family lawyer in Milan, Avv. Marco Bianucci assists couples in this delicate phase, providing legal support aimed at protecting each party's interests and establishing a new balance in a fair and transparent manner.

The Dissolution Procedure According to the Cirinnà Law

The dissolution of a civil union is governed by Law no. 76/2016, known as the Cirinnà Law. The most significant difference compared to marriage is the absence of a personal separation phase. The parties can directly proceed with the request for dissolution, provided they express their will to terminate the bond, even individually, before the civil registrar. Three months after this expression of will, the court application can be filed. The procedure can follow two distinct paths depending on whether there is an agreement between the parties.

Joint or Consensual Dissolution

When the parties reach a complete agreement on all conditions, including financial matters and any maintenance payments, they can file a joint application. This route is significantly faster, less conflict-ridden, and less costly. The court simply verifies the agreement's compliance with the law and ratifies it with a judgment, making the dissolution of the union effective.

Judicial Dissolution

In the absence of an agreement, one of the parties can file a judicial application to initiate legal proceedings. In this scenario, the judge will decide on all disputed issues, such as the attribution of maintenance payments, the division of jointly owned assets, or the allocation of the family home. This path is inevitably longer and more complex, requiring structured legal assistance to defend one's rights in court.

Management of Financial Rights and Maintenance

A crucial aspect of dissolution concerns the regulation of financial relationships. If the parties had chosen the legal community property regime, it will be divided equally. Regarding maintenance, the law provides for the possibility that one of the parties, the economically weaker one, may receive periodic payments. The criteria for its determination are similar to those for divorce maintenance: the economic conditions of the parties, the duration of the union, the personal and economic contribution of each to the household management and the accumulation of joint and personal assets are evaluated.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, focuses on a detailed analysis of the specific situation to identify the most effective strategy. The primary goal is to promote, where possible, a consensual solution, which allows for reduced time, costs, and emotional impact of the proceedings. When dialogue is not feasible, the firm ensures a firm and rigorous defense in judicial proceedings, protecting the client's financial and personal rights with the utmost determination. Each case is handled with a personalized approach, aimed at achieving the best possible outcome while respecting the sensitivity of the situation.

Frequently Asked Questions

How long does it take to dissolve a civil union?

The timelines vary significantly. With a consensual procedure, the dissolution can be concluded in a few months. In the case of judicial proceedings, however, the times can extend considerably, even beyond a year, depending on the complexity of the case and the workload of the competent court.

Is separation mandatory before the dissolution of a civil union?

No, this is the main difference with divorce. A legal separation phase is not required. It is sufficient to express the will to dissolve the union to the civil registrar and, after three months, one can proceed with the court application.

How is maintenance calculated in a civil union?

There is no mathematical formula. The judge evaluates various factors: the income disparity between the parties, the duration of the union, each party's contribution to common life and assets, and the objective reasons that led to the economic weakness of one of the parties. The goal is to ensure support for those who lack adequate means of subsistence.

What happens to the family home after dissolution?

If the home is jointly owned, it will be divided or sold. If it is owned by only one party, the other will have to leave it, unless the judge decides otherwise in the presence of particular conditions of vulnerability. The assessment takes into account the economic situation and the needs of both parties.

Contact the Firm for an Assessment of Your Case

Facing the dissolution of a civil union requires clear and competent legal guidance. To fully understand your rights and the options available to you, it is essential to receive professional advice based on your specific situation. Contact the Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, to request a consultation with an experienced lawyer and define the most appropriate strategy to protect your future.