Preparing Documents for Divorce

Going through a divorce, even an amicable one, is a delicate moment that requires clarity and organization. One of the first operational phases, crucial for starting the procedure smoothly, is gathering all the necessary documentation. Having a clear and complete list allows for reduced timelines, avoids postponements, and ensures you present a solid and well-defined case to the court. As a divorce lawyer in Milan, Avv. Marco Bianucci assists spouses in the meticulous preparation of every single document, ensuring the path to legal separation is as smooth and structured as possible.

Essential Documents for Amicable Divorce

To formally initiate the amicable divorce procedure in Italy, the Court requires a series of specific documents attesting to the spouses' identities, their financial status, and family situation, especially if there are children. This documentation forms the basis of the divorce agreement and its subsequent approval by the judge. It is essential that every document is up-to-date and complete to avoid procedural delays.

Personal and Civil Status Documents

These documents legally prove the marital bond and the parties' identities. They are the first to be requested and can be obtained from the Civil Registry Office of the municipality of residence or the municipality where the marriage took place. The list includes: the summary extract of the marriage certificate, which contains all annotations related to marital life; the family status certificate and the residence certificate of both spouses, which can also be presented cumulatively. In some cases, a full copy of the marriage certificate may also be requested.

Economic and Asset Documents

Financial transparency is a cornerstone of amicable divorce, especially for determining potential spousal or child support. For this reason, it is mandatory to submit the income tax returns for the last three years for both spouses (Modello Unico, 730, or CUD). These documents allow the judge to assess the overall financial situation of the parties and the appropriateness of the reached financial agreements. It is also advisable to gather documentation related to real estate (property deeds, cadastral records), bank accounts, investments, and other financial assets.

Documents Related to Children

If the couple has children, whether minors or adult but not financially independent, their protection is the absolute priority. Therefore, it is necessary to attach the family status certificate that includes the children to the documentation. Although not always explicitly required, it is good practice to have their tax code available. The parents' financial documentation, already mentioned, will be crucial for establishing the amount of child support intended for their upbringing and well-being.

The Bianucci Law Firm's Approach

Simply collecting documents is not enough; their correct interpretation and presentation make the difference. The approach of Avv. Marco Bianucci, a divorce lawyer with extensive experience in Milan, focuses on the meticulous preparation of the case, guiding the client step by step. The firm does not merely provide a list but offers strategic support to analyze the financial situation, verify the completeness of each certificate, and ensure that the agreements reached are fair and compliant with the law, preventing future disputes and ensuring a transparent and definitive end to the marital relationship.

Frequently Asked Questions

What happens if a document for the divorce is missing?

The absence of an essential document, such as an income tax return or the marriage certificate extract, can cause significant delays. The Court may suspend the proceedings and schedule a new hearing, prolonging the uncertainty. Therefore, it is crucial to rely on an experienced lawyer who will verify the completeness of the documentation in advance.

Are income tax returns always mandatory?

Yes, in an amicable divorce, submitting income tax returns for the last three years is a standard requirement. They serve to ensure maximum transparency regarding the spouses' financial situation and to allow the judge to verify that the agreements on spousal support are fair and proportionate to each person's actual financial capacity.

How long does it take to obtain all the documents?

The times vary. Civil registry certificates (residence, family status) are generally issued within a few days. The marriage certificate extract may take slightly longer, especially if the marriage took place in a municipality different from the place of residence. Income tax returns, on the other hand, should already be in the spouses' possession or easily retrievable through their accountant or the tax portal.

Do I also need to submit bank statements?

Although not always included in the initial list of mandatory documents, bank statements can become relevant. For the sake of complete transparency, especially in cases of complex assets, submitting them can be useful for finalizing agreements in an unassailable manner. The lawyer will advise whether and when to submit them to best protect the client's interests.

Contact the Firm for a Case Evaluation

Document preparation is the first concrete step towards concluding the marital journey. To ensure that every detail is handled with the utmost care and professionalism, seeking legal advice is recommended. Avv. Marco Bianucci and the Bianucci Law Firm in Milan are available to provide a detailed analysis of your case, clarify any doubts, and assist you in compiling a complete and correct amicable divorce application. Contact the firm to schedule an initial meeting and start the process with the right guidance.