Addressing the Dissolution of a Civil Union Without Agreement

When the end of a relationship involves insurmountable disagreements on financial matters, the allocation of the family home, or the recognition of spousal support, the dissolution of a civil union requires a rigorous legal approach. In these moments of profound emotional and material uncertainty, it is crucial to understand your rights and the protections afforded by the Italian legal system. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci deals with these delicate dynamics daily, offering legal support aimed at protecting the interests of the individual involved.

The Regulatory Framework: The Contentious Procedure

Law 76/2016, known as the Cirinnà Law, has extended most of the protections provided for marriage to civil unions, outlining a specific procedure for their dissolution. Unlike marriage, there is no preliminary separation period required: parties can proceed directly to dissolution. However, when there is no agreement on the terms of the separation, it becomes necessary to initiate a contentious proceeding before the Court.

Management of Assets and Spousal Support

The central points of disagreement almost always concern financial aspects. If the parties opted for community property, it will be necessary to proceed with the division of joint assets. The issue of spousal support is even more complex. The judge will assess the economic disparity between the parties, the duration of the civil union, and the personal and financial contribution made by each partner to the common life. Protecting your financial position during this phase requires extremely precise documentary and factual reconstruction.

The Approach of Studio Legale Bianucci in Milan

Facing a court case requires strategy, clarity, and a deep understanding of procedural dynamics. The approach of Avv. Marco Bianucci, a family lawyer in Milan, is based on a meticulous analysis of every single element of the case. The primary objective is not to fuel conflict but to manage it to achieve a resolution that effectively protects the client's rights.

Each strategy is tailor-made. Studio Legale Bianucci dedicates ample time to listening to fully understand the client's needs, fears, and expectations. Only through this deep factual and human understanding can incisive legal action be developed, both regarding financial claims and the potential allocation of the property where family life took place.

Frequently Asked Questions

How long does the dissolution of a civil union without agreement take?

The timeline of a contentious proceeding depends on numerous factors, including the complexity of the financial issues to be resolved, the need for financial investigations, and the workload of the competent Court. Since there is no separation phase, the dissolution case proceeds directly, but the procedural process still requires the natural course of ordinary litigation, which unfolds through various hearings and written submissions.

Am I entitled to spousal support if my ex-partner earns much more than me?

Income disparity is one of the prerequisites for requesting support, but it is not the only one. The judge will assess whether this imbalance is objective and whether the requesting partner does not have adequate means to maintain a standard of living similar to that enjoyed during the union, or if they are unable to obtain them for objective reasons. The assessment is rigorous and requires concrete evidence of the contribution made to common life and actual earning capacity.

Who is awarded the house we lived in?

In the absence of children, the allocation of the family home follows strict rules. Generally, the property remains with the rightful owner or the holder of the lease agreement. However, in cases of co-ownership or specific investments made on the property, the judge will have to resolve the issue by carefully evaluating the titles of possession and the credit rights accrued during the cohabitation.

Protect Your Rights: Book an Initial Consultation

Facing the end of a civil union in a climate of disagreement is a journey that requires expertise and determination. The choices made at this stage will have significant repercussions on your personal and financial future. It is essential to rely on a professional capable of lucidly assessing the situation and developing the most appropriate strategy.

Contact Avv. Marco Bianucci at the office located at via Alberto da Giussano, 26 in Milan. During the first meeting, you will have the opportunity to present your case in a confidential and professional environment, receiving an initial clear analysis of the legal options available to you and the procedural paths that can be activated to protect your interests.