The End of a Union and the Protection of Children
The decision to dissolve a civil union is a moment of great delicacy, especially when children are involved. Understanding the legal implications and the protections provided for minors is the first step to approaching this path with awareness and serenity. Italian law, through the Cirinnà Law, has established a precise regulatory framework to ensure that children's rights are always prioritized, equating them to those of children born within a marriage. As a family lawyer in Milan, Avv. Marco Bianucci assists civilly united couples in managing every aspect of the crisis, ensuring that decisions made are always in the best interests of the children.
The Regulatory Framework: The Cirinnà Law and the Dissolution of the Union
Law No. 76/2016 introduced civil unions between same-sex couples into the Italian legal system, extending to them most of the rights and duties provided for marriage. A significant difference concerns the dissolution process. Unlike marriage, for civil unions, no mandatory separation period is required. The procedure can be initiated directly with the request for dissolution, which can be filed jointly by both parties or by one of them. The manifestation of the will to dissolve the union, communicated to the civil registrar, is the prerequisite for proceeding in court. This simplified procedure, however, does not reduce the complexity of issues relating to children.
Protection of Children: Custody, Maintenance, and Family Home
When a civil union is dissolved, the law places the protection of children at the center, applying the same principles valid for separation and divorce. The fundamental aspects to be regulated are custody, maintenance contributions, and the assignment of the family home.
Joint Custody as the Rule
The guiding principle is that of biparentality, meaning the child's right to maintain a continuous and balanced relationship with both parents. For this reason, the preferred form of custody is joint custody. This means that both parties retain parental responsibility and share the most important decisions regarding the children's education, health, and schooling. The primary residence of the child will also be established, meaning with which parent they will live permanently, and the times and methods of staying with the other parent will be defined.
Maintenance Contribution
Both parents are obliged to contribute to the maintenance of the children in proportion to their economic and professional capabilities. The maintenance allowance is calculated taking into account various factors: the child's current needs, the standard of living enjoyed during the union, the time spent with each parent, and the economic resources of both. The goal is to ensure that children have everything necessary for a serene and harmonious upbringing, without suffering economic prejudice from the end of their parents' union.
Assignment of the Family Home
The right to live in the family home is generally granted to the parent with whom the children primarily reside, even if they are not the owner of the property. This decision is made solely in the best interests of the minors, to allow them to continue living in the domestic environment in which they grew up, preserving their habits and stability.
The Approach of the Bianucci Law Firm
The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based on seeking consensual solutions that prioritize the psychophysical well-being of the children. Each case is analyzed with the utmost attention to define balanced and sustainable agreements over time, which clearly and in detail regulate custody, maintenance, and the daily care of minors. Where an agreement cannot be reached, the firm provides decisive and strategic legal assistance in court proceedings, always acting with the aim of protecting the rights of its clients and, above all, their children.
Frequently Asked Questions
How is the dissolution of a civil union with children initiated?
The procedure begins with a declaration before the civil registrar. Subsequently, the parties can file a joint petition with the court if they have reached an agreement on all conditions, or one party can file a judicial petition if there is no agreement, leaving the judge to decide.
Does the non-biological parent have the same rights and duties?
Yes, if the parent-child relationship has been formally recognized, for example, through the procedure of adoption in specific cases (stepchild adoption), the non-biological parent has exactly the same rights and duties as the biological parent. In the absence of such recognition, the situation is legally more complex and requires in-depth analysis to ensure the protection of the emotional bond with the minor.
What happens if an agreement on custody cannot be reached?
If the parties cannot reach an agreement, the court will decide on the modalities of custody and residence, basing every decision on the best interests of the child. The judge may involve social services or a court-appointed technical consultant (CTU) to assess the situation and make the most appropriate decision.
Is it possible to modify the dissolution conditions in the future?
Yes, conditions relating to the custody and maintenance of children can be modified at any time if new factual circumstances arise that justify it. To do so, it is necessary to file a specific petition with the competent court.
Request a Consultation for Your Case
Facing the dissolution of a civil union requires legal expertise and human sensitivity. If you are experiencing this situation and wish to understand your rights and the protections for your children, you can contact the Bianucci Law Firm. Avv. Marco Bianucci, with extensive experience in this matter, offers legal advice and assistance in Milan. Contact the firm at Via Alberto da Giussano, 26 for a personalized assessment of your case and to define the most appropriate strategy to protect your family's future.