The End of a Bond: Understanding the Dissolution of a Civil Union

Facing the end of a civil union is a delicate moment, filled with emotional and legal implications. Understanding your rights and the correct procedure to follow is the first step in managing this transition with awareness and serenity. Law No. 76/2016, known as the Cirinnà Law, introduced and regulated civil unions in Italy, also providing a specific path for their dissolution. As an expert family lawyer in Milan, Avv. Marco Bianucci assists partners on this journey, ensuring that every decision is made in full compliance with the law and to protect their interests.

The Dissolution Procedure Provided by the Cirinnà Law

Unlike marriage, the dissolution of a civil union follows a more streamlined process, as no mandatory separation period is required. The process begins with a formal declaration and can be concluded through various methods, depending on whether there is an agreement between the partners or not. The procedure generally involves two main phases: the declaration of intent and the submission of the actual dissolution application.

The Declaration of Intent to Dissolve

The first formal step consists of a declaration, made even separately by just one of the partners, before the civil status registrar of the Municipality of residence. This declaration expresses the intention to dissolve the union. The civil status registrar records it and communicates it to the other partner. From this moment, at least three months must pass before proceeding to the next phase, a period intended to allow for possible reconciliation or to prepare the necessary documentation.

Methods for Final Dissolution

After the three months have passed, it is possible to proceed with the actual dissolution, which can occur through three distinct paths. The choice primarily depends on the degree of agreement between the partners on managing financial and personal aspects. The options are: a joint or judicial appeal to the Court, assisted negotiation by lawyers, or a direct agreement before the civil status registrar, the latter being possible only in the absence of minor or non-self-sufficient children and without any property transfer agreements.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, is based on an in-depth analysis of the couple's specific situation. The goal is to identify the most effective strategy to protect the client's rights, with particular attention to financial aspects, such as the potential right to maintenance payments and the assignment of the shared home. Whether pursuing a consensual solution through negotiation or facing a judicial process, the firm guarantees clear, strategic legal assistance aimed at achieving the best possible outcome, minimizing time and conflict.

Frequently Asked Questions

How long does it take to dissolve a civil union?

The timelines are generally shorter than for divorce. After the declaration of intent to the civil status registrar, at least three months must pass. Subsequently, the duration depends on the chosen procedure: a consensual agreement can be concluded in a few weeks, while a contentious judicial procedure can take several months, depending on the complexity of the case and the workload of the competent Court.

Is separation required before dissolution?

No, the Cirinnà Law does not require a legal separation period for civil unions. Dissolution can be requested directly after declaring the intention to separate and waiting the three-month period, making the process significantly faster than that required for marriage.

Am I entitled to maintenance payments after dissolution?

Yes, the law provides for the possibility for the economically weaker partner to obtain maintenance payments if they are unable to support themselves. The judge will consider various factors, such as the duration of the union, the economic conditions of the partners, the personal and economic contribution made by each to the running of the household and to the formation of individual or common assets.

How is the assignment of the shared home handled?

The assignment of the home used as the common residence is decided by the judge, primarily taking into account the best interests of any children. In the absence of children, the judge may decide to assign it to the partner who needs it most, considering their respective economic conditions and the ownership of the property. However, agreements between the partners always take priority.

Contact Avv. Marco Bianucci for an Assessment of Your Case

If you are considering the dissolution of your civil union and wish to fully understand the legal implications and the options available to you, it is essential to receive qualified legal advice. The Bianucci Law Firm in Milan offers personalized consultations to analyze your situation and define the most appropriate strategy to protect your rights. Contact the firm to schedule an appointment and receive targeted and competent legal assistance.