The dissolution of a civil union, when minor children are present in family life, requires clearly separating different levels. The priority is not merely ending the couple's relationship. It is necessary to understand who can make decisions for the minor, where the child will live, how they will maintain meaningful relationships with both parents, and how daily expenses will be supported.
I want to help you navigate doubts that may seem similar but are not: is the child legally the child of both parties to the union or only one? Is the home owned, rented, or under joint ownership? Is there a workable agreement or are essential decisions still lacking? We will examine which rules protect the minor and what consequences arise from different situations.
Parenthood Does Not Automatically Derive from a Civil Union
The first fact to clarify is who the legal parents of the child are. They are the persons to whom filiation is attributed by a birth certificate, acknowledgment, adoption, or judicial ruling. Parental responsibility, custody, maintenance, and participation in important decisions depend on this status.
A civil union alone does not confer the status of parent of the other party's child. Article 1, paragraph 20 of Law No. 76 of 2016 extends many provisions regarding marriage to parties to a civil union, but excludes the automatic application of civil code provisions not expressly referred to and adoption law, leaving intact what is permitted by current regulations. An affectionate bond and daily care do not replace the status of parent. The text of the regulation is in Law No. 76 of 2016 on civil unions.
If the minor has two legal parents who are both parties to the civil union, decisions concerning their life must consider the position of both. If instead the child is legally the child of only one party to the union and another parent outside the couple, custody, maintenance, and essential choices concern those two parents. It is not possible to create by simple agreement a parental status that the law does not recognize.
This distinction does not reduce the importance of the relationships built by the minor. Rather, it serves to avoid confusing the commitments adults may assume among themselves with the decisions that the law reserves for legal parents and the judge, when intervention is necessary.
Custody and Decisions: The Child's Stability Matters
The child has the right to maintain a balanced and continuous relationship with each parent. Article 337-ter of the civil code places their moral and material best interests at the center and requires the judge to evaluate joint custody with both parents as a priority. The rule does not impose an identical model for all families: it requires a solution that concretely protects care, schooling, education, and moral assistance.
Joint custody does not coincide with a mathematical division of time into two equal parts. Sharing means above all participating in important choices. Education, health, upbringing, and the minor's habitual residence are decisions to be made by mutual agreement; the calendar of overnight stays and visits can instead adapt to the child's age, school, distances, work schedules, and the continuity of their habits.
Sole custody does not automatically stem from conflict between adults or from the fact that one has followed daily life more closely. Article 337-quater allows it when custody to the other parent is contrary to the minor's best interest and the decision must be motivated. Difficult communication alone is not enough to exclude a parent. Even in sole custody, barring a different decision, major decisions normally remain shared.
A useful agreement indicates in an understandable way ordinary days, holidays, festivities, accompaniments, and methods for coping with inevitable changes. A formula such as "the child will freely see the other parent" can work only when concrete cooperation already exists; otherwise, it risks leaving the minor with the uncertainty of daily decisions. Articles 337-ter, 337-quater, and 337-sexies can be consulted in the civil code on Normattiva.
Child Maintenance and Use of the Family Home
Maintenance is a right of the child, not a way to economically compensate for the end of the couple. Each parent contributes according to their resources and the real needs of the minor. Periodic financial support is frequent, but it can coexist with direct payments of certain expenses: what matters is that the arrangement ensures continuity and is sufficiently clear.
To establish the amount and method of the contribution, Article 337-ter considers the child's current needs, the standard of living during cohabitation, the time spent with each parent, the resources of both, and the economic value of care and domestic activities. Declared income is important, but it is not the only element. Fixed housing costs, expenses incurred directly by a parent, and the effective burden of daily care are also relevant.
It is prudent not to entrust the distribution of non-recurring expenses to generic expressions. There is no universal list that resolves every doubt: therapy, a school course, a sporting activity, or an educational trip can have different natures and impacts. The agreement should specify which expenses require prior discussion, how the disbursement is proven, and in what proportion reimbursement occurs.
Any allowance between the parties to the civil union is distinct from the contribution owed to the child. Article 1, paragraph 25 of Law No. 76 of 2016 refers, within the limits of compatibility, to certain provisions of the divorce law also for the dissolution of the civil union. An economic agreement between adults does not eliminate the duty to maintain the minor.
The family home must also be viewed from the child's perspective. The assignment of its enjoyment does not transfer ownership of the property and is not a reward for one of the adults: Article 337-sexies requires considering the children's best interests as a priority. If keeping the minor in the home allows for continuity in school, relationships, and daily organization, this can carry decisive weight.
Home ownership and the right to live in it are different issues. A property registered in the name of one parent can be assigned to the parent with whom the child predominantly lives; joint ownership, on the other hand, does not imply by itself that both can continue to use it in the same way after the cessation of cohabitation. The use of the residence also affects the economic balance and must be coordinated with maintenance, mortgage, rent, and other expenses.
Assets and Debts: A Chapter Separate from Child Protection
Decisions regarding the child do not coincide with the division of the civil union's assets. In the absence of a different property convention, Law No. 76 of 2016 provides for legal community of property. To understand what falls within community property, it is not enough to observe who used an asset or supported a single expense: the date and title of purchase, any conventions, and the nature of the asset matter.
The discussion about a house, a joint account, or a debt may take time. In the meantime, the minor needs immediate and sustainable guidance on where to stay, who provides for expenses, and how to maintain relationships with parents. Postponing every decision until assets are divided can leave current needs uncovered.
An agreement in which the parties declare they have no further claims should not be used to render obligations concerning the child opaque. The sale of a property, the waiver of an allowance between the parties, or the payment of a mortgage installment are economic decisions distinct from maintenance. The contribution for the minor must remain recognizable and verifiable.
What Paths Are Possible for Dissolution
The declaration of intent to dissolve the civil union does not regulate the child's life by itself. In the path based on the manifestation of will before the civil status officer, even separately, the dissolution request can be filed after three months from the declaration. This term concerns the dissolution of the union and does not replace the necessary decisions on custody, maintenance, and housing.
When a complete agreement exists, the parties can evaluate assisted negotiation. Law expressly recalls this possibility for the dissolution of a civil union; in the presence of minor children, the agreement must be transmitted within ten days to the competent public prosecutor. Authorization depends on protecting the best interests of the children. If the public prosecutor considers the agreement not responsive to such interest or that hearing the child is appropriate, they transmit the files to the president of the court. The discipline is in Article 6 of Decree-Law No. 132 of 2014.
For the procedure before the civil status officer, it matters whether the children are legally children of both parties. Article 12 excludes this route where there are shared minor children, or adult children with the statutory conditions of incapacity, serious disability or lack of financial independence. A child of only one party does not, by their presence alone, prevent its use. The distinction is explained in Ministry of the Interior circular No. 6/2015 concerning Article 12 of Decree-Law No. 132 of 2014. The other procedural requirements and the child’s protection must still be considered separately.
A joint petition to the court is another route when the agreement is genuinely defined. The application must indicate, among other things, conditions relating to offspring, income and asset availabilities of the past three years, and burdens of the parties. The judge may request clarifications and, if the agreements conflict with the children's best interests, invites the parties to modify them; in the absence of a suitable solution, dismisses the application as status. These rules are in Article 473-bis.51 of the civil procedure code.
If an agreement on essential decisions is lacking, the judge can adopt the necessary measures. It is not necessary to wait for every financial issue to be resolved before requesting regulation of parental responsibility and maintenance. The decisive point is to distinguish what can be defined with an already workable agreement from what requires an external decision.
Elements to Start From Before Deciding
To address the problem in an orderly manner, a few concrete data are useful: the document showing parenthood, any existing provisions, a reliable picture of the child's income and expenses, the title by which the home is used, and a realistic calendar of daily life. The minor's stability is built on concretely sustainable commitments. A solution that is apparently rapid, but devoid of rules on points generating conflict, risks shifting the problem forward.
Frequently Asked Questions
Can I have joint custody if my child lives mostly with the other parent?
Yes, the two situations are compatible. Joint custody concerns the participation of both parents in important choices and the child's right to maintain relationships with both. Prevalent placement in one home may depend on school, age, distances, and practical organization without automatically turning custody into sole custody.
Does the civil union partner automatically become my child's parent?
No, the civil union alone does not confer this status. The affectionate relationship and care activities can be relevant in the minor's life, but parental responsibility, maintenance, and essential decisions depend on legally recognized filiation. It is therefore necessary to precisely distinguish the partner from the legal parent.
How is child maintenance determined?
There is no fixed percentage valid for all families. Consideration is given to the child's current needs, the resources of both parents, lengths of stay, previous standard of living, and the value of care activities. The agreement must also clarify which expenses are included in the contribution and how additional ones are managed.
Does the family home always remain with the owner parent?
No, ownership and enjoyment of the property are distinct. The home can be assigned taking the children's best interests primarily into account, without transferring ownership. The solution depends on the home's concrete function in the minor's life and must be coordinated with other economic relationships between the parents.
Can we dissolve the civil union before the civil status officer if we have a minor child?
No, if the minor is legally the child of both parties. In that case Article 12 excludes the simplified procedure. Assisted negotiation or a joint court petition may be considered, with the safeguards required in the children’s interests. If the child is legally the child of only one party, their presence alone does not prevent dissolution before the civil status officer, provided the other requirements are met.
Navigating Without Losing Sight of the Minor
The initial question remains always the same: what decisions are needed today to give the child stability and continuity? From this follow the verification of legal parenthood, the life calendar, maintenance, the use of the home, and the path to dissolve the civil union. If clear agreements are lacking or there are doubts about the child's status, you can contact us to evaluate the most suitable step for the concrete situation.