The Cartabia Reform and Family Law

Facing a separation or divorce is a complex journey, made even more intricate today by the introduction of the Cartabia Reform. Understanding the new procedures is fundamental to protecting your rights and those of your children. This reform has introduced a significant change, known as the 'unified procedure,' which modifies how family proceedings are managed by the courts. As a family lawyer in Milan, Avv. Marco Bianucci has gained in-depth knowledge of these new dynamics, offering legal assistance aimed at navigating the changes with clarity and strategy.

The Unified Family Procedure: What Really Changes

The most important innovation of the Cartabia Reform is the establishment of a single procedural route for all disputes concerning individuals, minors, and families. The legislator's goal is to simplify and speed up justice, concentrating issues that previously required separate paths into a single proceeding. This implies a much more detailed initial approach and complete documentary preparation from the very first filing.

The Single Introductory Act: Completeness from the Start

Unlike in the past, proceedings now begin with a single introductory act, the application, which must contain all claims and requests. This means that from the outset, it is necessary to submit not only the separation request but also all related matters, such as child custody, child support, allocation of the family home, and financial claims. This setup requires strategic and meticulous preparation, as the foundations for the future ruling are laid in this initial phase.

The Parental Plan: A Focus on Children's Well-being

One of the most relevant introductions is the obligation to attach a parental plan to the application. This is a detailed document outlining the children's daily commitments and activities, such as school, extracurricular activities, social engagements, and holidays. This tool helps the judge gain a comprehensive picture of the minors' lives and make decisions most appropriate for their well-being, personalizing custody and placement orders.

The Bianucci Law Firm's Approach to the Reform

Faced with these innovations, the Bianucci Law Firm's approach is pragmatic and focused on the client's complete protection. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses on meticulous preparation of the introductory act, which goes beyond a simple statement of facts to build a solid argumentative and evidentiary basis from the outset. The drafting of the parental plan is handled with particular care, working closely with the parent to present the judge with a realistic and functional project, always prioritizing the best interests of the child. The goal is to transform the reform's obligations into strategic opportunities to achieve the best possible outcome.

Frequently Asked Questions

With the Cartabia Reform, are divorce times shorter?

The reform's objective is to speed things up, but the actual duration of a proceeding depends on many factors, including the conflict between the parties and the complexity of financial matters. However, the ability to file for divorce in the same act as the separation and the consolidation of hearings can contribute to a reduction in overall timelines.

What exactly is the parental plan and who has to fill it out?

The parental plan is a mandatory document that must be prepared by both parents, although it is often drafted with the assistance of their respective lawyers. It details the children's daily lives: school commitments, sports activities, contact with relatives, holidays, and routine management. It serves as a basis for the judge's decisions on custody and placement.

Can I ask for a divorce immediately without going through separation?

No, the Cartabia Reform has not eliminated the requirement of personal separation as a prerequisite for divorce. However, it has introduced the possibility of filing for divorce in the same proceeding as the separation (consolidation of claims), provided that the legal waiting periods for separation have passed. This allows the divorce process to be initiated more quickly once the prerequisites are met.

What happens if we don't agree on the terms at the first hearing?

If an agreement is not reached, the judge is required to issue provisional and urgent measures, especially to protect children and the economically weaker parties. Subsequently, the proceeding continues with the evidentiary phase, during which the necessary evidence (documents, testimonies) will be gathered for the judge to reach a final decision.

Request a Consultation for Your Case

The new procedures introduced by the Cartabia Reform require expert and up-to-date legal guidance. Fully understanding the implications of every procedural choice is essential to protect your future and that of your family. To discuss your specific situation and define the most effective strategy, contact the Bianucci Law Firm. At their Milan office located at Via Alberto da Giussano, 26, Avv. Marco Bianucci is available to provide clear and personalized legal advice.