Facing Separation: Understanding Your Rights

Navigating the end of a marriage is an emotionally complex and uncertain journey. In such delicate moments, concerns about the future, financial stability, and especially the well-being of children become paramount. Understanding your rights and obligations is the first step towards managing the situation with clarity and awareness. The support of a divorce lawyer with a deep understanding of the subject matter is crucial for navigating regulations and making informed decisions that protect your interests and those of your family. The approach of Avv. Marco Bianucci, a lawyer with extensive experience in family law, is aimed at providing clear, strategic, and personalized legal assistance for those residing in Paderno Dugnano and surrounding areas.

Consensual and Judicial Separation: What are the Differences?

The Italian legal system provides two main paths for marital separation: consensual and judicial. Consensual separation is the preferred route, as it is based on an agreement reached by both spouses regarding all aspects of their future life: child custody and support, assignment of the marital home, and financial matters. This agreement is then submitted to the Court for approval. Judicial separation, on the other hand, is initiated when an agreement cannot be reached. In this case, the judge decides on the terms of the separation after analyzing the parties' positions, often with longer timelines and higher costs. The choice of the most suitable path depends on the specifics of each individual family situation.

Child Custody and the Division of Extraordinary Expenses

The protection of minor children is the central element of any separation proceeding. The general rule provided by law is joint custody, which guarantees the child's right to maintain a balanced and continuous relationship with both parents. An aspect that frequently generates conflict is the division of extraordinary expenses, meaning unpredictable or significant expenses related to the children's health, education, or recreational activities. These are in addition to regular child support payments. It is crucial to clearly and detailedly define, already at the time of the separation agreement, which expenses fall into this category and to what extent they should be divided between the parents, in order to prevent future disagreements.

The Bianucci Law Firm's Approach

As an expert in family law, Avv. Marco Bianucci approaches each case with a strategy that primarily aims to explore the possibility of a consensual solution, to reduce the time and emotional impact of conflict, especially when children are involved. The firm, based in Milan, offers legal assistance to residents of Paderno Dugnano by thoroughly analyzing every aspect of the family situation. The goal is to develop a tailored strategy that ensures the maximum protection of the client's rights, defining clear, fair, and sustainable separation agreements over time, which prevent future disputes and ensure the peace of mind of all family members.

Frequently Asked Questions

How are extraordinary expenses for children calculated?

There is no fixed mathematical formula. Generally, extraordinary expenses are split 50% between parents, but this percentage can vary based on their respective economic capacities. It is common practice to draw up a detailed list of expenses that require prior agreement from both parents (e.g., study trips, expensive sports courses) and those that do not (e.g., purchase of school books, urgent medical visits), to avoid future discussions.

Is it mandatory to have a lawyer for a consensual separation?

Yes, even in the case of consensual separation, the assistance of at least one lawyer is necessary. If the spouses reach an agreement, they can be assisted by a single lawyer or each by their own. The lawyer's role is to draft the agreement according to the law and to file it with the Court or formalize it through the assisted negotiation procedure.

How long does a separation take in Paderno Dugnano?

Timelines vary considerably. A consensual separation through assisted negotiation can be concluded in a few weeks. A consensual separation in court generally takes a few months. A judicial separation, on the other hand, is a full-fledged lawsuit and its duration can extend to one or more years, depending on the complexity of the case and the workload of the competent Court.

What happens if we disagree on child custody?

If an agreement cannot be reached, the decision on custody rests with the judge as part of a judicial separation proceeding. The judge will always decide with the child's best interest as the sole and primary reference, based on reports from social services and, if necessary, by hearing the children themselves if they are over 12 years old or capable of discernment.

Contact the Firm for an Assessment of Your Case

If you are facing a separation or need clarification regarding child custody and expense management in Paderno Dugnano, it is essential to act with the support of competent legal guidance. Avv. Marco Bianucci offers targeted consultations to analyze your specific situation and explain the most effective legal solutions for protecting your rights. Contact the Bianucci Law Firm in Milan to schedule an appointment and receive professional and personalized advice.