Our family law services

Family matters are central to my work as a lawyer and to that of the professionals who work alongside me. As family and divorce lawyers in Milan, we assist people who are separating or divorcing and parents who need to make arrangements for their children. Our work covers:

• separation and divorce, both by agreement and contested;
• child custody and maintenance;
• protection of the financially weaker spouse and occupation of the family home;
• division of jointly owned property;
• protection from abuse and child abduction, including international cases;
• civil unions, cohabitation and adoption, including stepchild adoption.

Our approach to relationship breakdown

People who are separating often come to a lawyer when their relationship is already deeply fractured. Our involvement must not needlessly worsen that divide. Representing someone requires firmness, but also attention to the consequences of every request and legal step.

When children are involved, this responsibility weighs more heavily. Children will grow up and may graduate, marry and face difficulties: at those moments they will need to rely on their parents without having to take sides. Where it is possible and safe, I see respectful communication between parents as a practical objective of our legal work.

This is why we seek clear, balanced and workable agreements that also cover holidays, expenses, schooling and healthcare decisions. Where agreement cannot be reached or does not provide adequate protection, for example when resources are being concealed, we ask the court to decide.

The skills of a family and divorce lawyer and our team’s work

A family lawyer must understand substantive law, procedure and developments in case law. They must be able to assess financial circumstances, identify evidence, negotiate and promptly seek an urgent measure when needed. I consider attentive listening, confidentiality and independent judgement equally necessary: we explain which claims have a sound basis and which risk unnecessary litigation.

We are a close-knit team of lawyers with many years of experience. Where a case requires it, we engage party-appointed experts, including psychologists, neuropsychiatrists and educationalists. In a court-ordered expert assessment, the party-appointed expert may take part in the process, submit observations and examine its methods and conclusions.

Separation by agreement and joint divorce petitions

Legal separation allows spouses to live apart, but the marriage remains in place. Divorce dissolves a civil marriage or ends the civil effects of a registered religious marriage. Duties towards the children remain unchanged.

Separation by agreement

When the spouses reach an agreement, we draw up the terms concerning the children, financial contributions, the family home and property matters. We check that they are complete, sustainable and lawful. In separation proceedings by agreement, we then file a joint petition with the court. The judge checks the legal requirements and the terms, paying particular attention to the children’s interests: a private agreement alone does not give the spouses the status of legally separated.

Divorce by joint petition

In a joint divorce, the spouses also agree the terms, which we reassess: the separation agreement does not automatically determine them. Where divorce follows legal separation, the separation must generally have lasted without interruption for at least six months if agreed, or twelve if contested. These are minimum periods, not guaranteed completion times.

Subject to the prescribed conditions, separation and divorce may be sought in the same proceedings. However, the divorce application can only proceed once the statutory period has elapsed and the separation judgment has become final.

Lawyer-assisted negotiation

Alternatively, we consider lawyer-assisted negotiation, with at least one lawyer for each party, which is also available where there are minor children. The agreement is submitted to the public prosecutor: it requires clearance or, where children falling within the categories specified by law are involved, authorisation based on their interests.

References: [1], [2], [3], [4].

Contested separation and divorce: how the proceedings work

Where there is no agreement on separation, divorce or the terms, we represent the client in contested proceedings. The other spouse’s disagreement does not, by itself, prevent a contested separation or divorce where the legal requirements are met.

The petition and initial measures

We file the petition with supporting documents and requests for evidence. Financial information must be complete. Where there are minor children, the parenting plan describes their schooling, activities and daily arrangements.

The judge may make temporary and urgent orders concerning the children, housing and financial contributions. In the cases provided for by law, we can request measures that cannot be deferred even before the hearing.

Evidence and the decision

The judge may hear witnesses, order financial investigations and, where needed, an expert assessment. In separation proceedings, we assess whether to seek a finding of fault: this requires proof of a breach of marital duties that made continued married life intolerable. A finding of fault does not automatically determine child custody.

Where permitted, the ruling on marital status may precede the decision on the issues still in dispute. Timescales depend on the matters to be established and on the court: we do not promise a fixed duration.

References: [1], [5].

Civil unions, cohabitation and children of unmarried parents

Marriage, civil unions and cohabitation have different legal effects. Our first step is to establish which rules apply.

Civil unions

Law No. 76/2016 grants rights and duties to the parties to a civil union, including important financial protections. Dissolution follows its own rules and does not require prior legal separation. We handle agreements, proceedings and any claims for financial support.

Cohabitation

For cohabiting partners, we examine the home, joint purchases, contributions made and any cohabitation agreements. The end of cohabitation does not automatically create an entitlement to payments equivalent to spousal maintenance. Under certain conditions, a former partner who is in need and unable to support themselves is entitled to needs-based support. This lasts for a period proportionate to the length of the cohabitation.

Children of unmarried parents

Children’s rights do not depend on whether their parents are married. When cohabitation ends, arrangements must be made for parental responsibility, habitual residence, time with each parent, maintenance and, where the requirements are met, the family home. We formalise the agreement through the procedures provided by law, including lawyer-assisted negotiation where available. If there is no agreement, we ask the judge to regulate the arrangements.

References: [4], [6], [7], [8].

Shared, sole and enhanced sole custody

We begin with the child’s needs, their history and the abilities each parent has demonstrated in practice. Custody concerns the exercise of parental responsibility. Where the child lives and the time spent with each parent concern the organisation of daily life.

Shared custody

The judge considers this arrangement first. Major decisions, such as those concerning health, education and habitual residence, normally require agreement. It does not necessarily mean half the time with each parent: the schedule reflects the child’s age, schooling, travel distances and needs. It does not rule out maintenance payments.

Sole custody

The judge may entrust the child to one parent alone, giving reasons, where custody by the other would be contrary to the child’s interests. A general reference to conflict between the couple is not enough: specific circumstances relevant to the child are required. As a rule, major decisions still remain with both parents.

Enhanced sole custody, known as “super-exclusive” custody

This is a reinforced form of sole custody developed in judicial practice on the basis of Article 337-quater of the Civil Code. In serious situations, and with adequate reasons, the judge may also give the custodial parent authority over important decisions that would normally be shared. It does not automatically amount to the removal of parental responsibility or the end of the child’s relationship with the other parent.

Hearing the child’s views

Children have the right to be heard in proceedings affecting them: from the age of twelve, or earlier if capable of forming their own views, subject to the exceptions provided by law. Being heard does not place on them the responsibility of choosing between their parents.

References: [6], [9], [10].

Child maintenance

Both parents contribute in proportion to their respective resources, also taking account of caregiving work. The amount is not calculated as a fixed percentage of salary. We consider:

• the child’s needs and previous standard of living;
• the time spent with each parent;
• both parents’ income, assets and actual expenses, with supporting documentation.

Even where both parents spend substantial time with the children, regular payments may be needed to keep each parent’s contribution proportionate.

Extraordinary expenses and adult children

We define which costs are covered by maintenance payments and how additional healthcare, school or sports expenses are shared: percentages, cases requiring prior agreement, documentation and reimbursement, in line with the applicable protocols.

Turning eighteen does not automatically end maintenance: what counts is financial independence, education and efforts to find work. However, the obligation does not continue indefinitely where there is an unjustified lack of effort.

If maintenance is not paid, we assess the means of recovering it. Non-payment does not entitle a parent to cut off the child’s contact with the other parent.

References: [6], [11], [12].

Maintenance during separation and after divorce

Maintenance during separation and financial support after divorce have different requirements and functions. An income disparity alone does not establish whether payments are due or in what amount.

Maintenance during separation

Article 156 of the Civil Code provides for it in favour of a spouse not at fault for the separation who lacks adequate income of their own. We assess the couple’s living conditions during the marriage, their actual resources and their real earning capacity. A merely theoretical job opportunity is not the same as a salary. The assessment concerns both spouses, without automatic assumptions based on gender.

Financial support after divorce

Article 5 of Law No. 898/1970 and the criteria developed in case law apply. Payments may serve a support function and, where the requirements are met, a compensatory and balancing function. Account is also taken of contributions to the family and to joint assets or the other spouse’s assets, through choices that involved career or income sacrifices.

We examine the length of the marriage, age, health, working capacity and the family choices actually made. Payments do not automatically serve to restore the previous standard of living or to equalise assets. An award made during separation does not ensure the same outcome on divorce.

We assist both those making a justified request for support and those responding to disproportionate claims, on the basis of a documented account of needs and resources.

References: [5], [13], [14].

The family home and jointly owned property

Granting occupation of the family home primarily protects the children’s interest in keeping their living environment, where the relevant conditions are met. It may also cover adult children who are not financially independent and still live there. It grants a right to use the property, not ownership, and is not a benefit automatically owed to the financially weaker partner.

We examine the title to the property, any tenancy or loan-for-use arrangement, the mortgage and expenses. An occupation order alone does not alter obligations towards the bank. Where relevant, we also handle registration and enforceability against third parties.

The division of jointly owned property

The end of a relationship does not automatically end joint ownership. Former partners may be unable to agree on selling, buying out a share or using the property.

To end joint ownership, an attempt at mandatory civil mediation under Legislative Decree No. 28/2010 is required first, distinct from family mediation. The mediator helps the parties seek an agreement, such as an agreed sale or the transfer of a share, but does not impose decisions.

Without agreement, we apply to the court for judicial division. Article 1111 of the Civil Code allows each co-owner to seek the termination of joint ownership, within the limits provided by law: the other co-owner’s refusal is not a definitive veto. If the property cannot readily be divided, it may be allocated to the co-owner who requests it, with an equalisation payment to the other; otherwise, a judicial sale takes place.

Where someone is unlawfully excluded from using the home, we also consider actions to protect the right of use and urgent measures. An application for division does not automatically extinguish an order granting occupation of the family home.

References: [6], [15], [16], [17], [18].

Protection from abuse and protection orders

Where violence, threats, coercive control or abuse arise, we organise our assistance around the person’s safety, dignity and freedom. We promptly assess civil measures and, where the facts may constitute a criminal offence, coordinate with colleagues in our firm who handle protection through criminal proceedings.

Protection orders are governed by Articles 473-bis.69 onwards of the Code of Civil Procedure. Where the requirements are met, the judge may order:

• an end to the harmful conduct;
• removal from the home;
• a prohibition on approaching relevant places;
• other support measures and financial provisions.

In certain cases, protection is available even after cohabitation has ended. We arrange contact with the children so that it is compatible with their protection. Where the conditions specified by the Code apply, family mediation is prohibited: seeking an agreement must not delay protection.

References: [19], [20].

Child abduction, including international cases

We assist in child abduction cases within Italy and where a child is wrongfully removed to or retained abroad, including after a holiday. We identify urgent measures and coordinate civil remedies for the child’s return with protection under criminal law.

When the Hague Convention applies

The main instrument is the Convention of 25 October 1980, implemented in Italy by Law No. 64/1994. It applies to children under sixteen, between countries where it is in force. It requires a breach of rights of custody under the law of the country of the child’s previous habitual residence. Those rights must have been actually exercised, or would have been exercised but for the abduction. A prior custody judgment is not always necessary.

Habitual residence depends on the child’s actual life, not on nationality or registration of residence alone. The procedure seeks the child’s prompt return but does not decide which parent the child will live with. Wrongful removal does not allow a parent to change at will the authority with jurisdiction over custody.

The application for return

The application may be submitted through the Central Authorities: in Italy, the Ministry of Justice. The authorities cooperate to locate the child and to encourage a voluntary return where safe. An application may also be made directly to the competent authority, which decides on return.

Prompt action matters. If proceedings begin more than a year after the abduction, the child’s settlement in their new environment may carry weight. Return, however, is not automatically ruled out. The Convention provides for specific exceptions, including:

• consent or subsequent acquiescence to the removal;
• failure to exercise rights of custody;
• a grave risk of physical or psychological harm or of an intolerable situation;
• the child’s objection, where their age and maturity make it appropriate to take it into account.

Where domestic violence is involved, we examine the risks to the child and the effectiveness of protective measures in the country of return.

European rules and criminal law protection

Within the European Union, excluding Denmark, Regulation (EU) 2019/1111, known as Brussels IIb, supplements the Hague mechanism. It generally provides for six weeks for a decision at each judicial level, save in exceptional circumstances, but does not ensure return within that period. We also consider the 1996 Hague Convention and, where the 1980 Convention cannot be used, other international instruments.

Abduction may be a criminal offence even when committed by a parent. Article 574 of the Criminal Code is relevant and, for removal or retention abroad, so is Article 574-bis. In its basic form, the latter carries a prison sentence of one to four years and can be prosecuted without a formal complaint from the victim. Reporting the offence does not automatically lead to return, and the Convention procedure does not require waiting for a conviction.

References: [21], [22], [23], [24], [25], [26], [27], [28].

Varying separation, divorce and custody arrangements

The terms may be reviewed when new circumstances justify it. A loss of income, a new cohabiting relationship or the birth of another child does not, however, automatically reduce maintenance: its actual impact must be documented.

Where there is agreement, we formalise the variation; otherwise, we apply to the judge. An application does not, by itself, suspend existing obligations. This is why we act before unilateral reductions in payments or changes to the schedule create new disputes.

References: [29].

Adoption and stepchild adoption

We devote an important part of our work to adoption. We have developed experience in stepchild adoption, meaning the adoption of a spouse’s or partner’s child.

Adoption in special cases

Article 44 of Law No. 184/1983 regulates specific situations: paragraph (b) concerns a spouse’s child, including an adopted child. For other situations, including unmarried or same-sex couples, case law has allowed paragraph (d) to be used where the requirements are met. That paragraph concerns cases where pre-adoptive placement has been found to be impossible.

The judge assesses the child’s interests and the prospective adopter’s suitability, including through the relevant services: the couple’s relationship alone is not enough. We document the bond with the child and involvement in their care, and examine consents, assents and the hearing of the child. The proceedings are not a formality with a predetermined outcome.

Adoption in special cases preserves legal ties with the family of origin. Following Constitutional Court Judgment No. 79/2022, it also creates kinship ties with the adopter’s family. We also assess the effects on the child’s surname.

Adoption or recognition of legal parentage

We always check whether adoption or another procedure is needed. Constitutional Court Judgment No. 68/2025 concerns a child born in Italy following medically assisted reproduction lawfully carried out abroad. In that situation, it recognised as a legal parent also the woman who, together with the birth mother, had given prior consent to the process.

In other situations, stepchild adoption still needs to be considered, after examining the circumstances of birth, civil status records and family history.

References: [30], [31], [32], [33], [34].

The first consultation with our firm

At the first consultation, we establish the circumstances, identify any urgent matters and explain the options available in practice. We examine existing agreements or orders, financial and asset documents and the children’s arrangements.

In a fee estimate, we set out the objectives, the work required and the costs, and explain which outcomes can reasonably be pursued.

My commitment, together with the professionals in our firm, is to provide precise protection that takes account of the consequences of each choice. In family matters, a solution must be legally sound and capable of supporting life as it continues after the proceedings.