Facing the end of a marriage

The decision to separate or divorce is one of the most complex and delicate moments in a person's life, a path fraught with emotional, personal, and economic implications. In this phase of uncertainty, it is crucial to have legal guidance by your side that can offer not only technical expertise but also clarity and strategic support. The goal is to transform a period of conflict into a process managed with lucidity, protecting the rights of all parties involved, especially those of the children. As a family lawyer in Milan, lawyer Marco Bianucci assists his clients with an approach aimed at defining fair and sustainable solutions over time, laying the foundation for a new family balance.

The legal process: consensual and judicial separation

In Italy, the process leading to the dissolution of marriage mandatorily includes a separation phase. The law offers two main alternatives for managing it: consensual separation and judicial separation. Consensual separation is the preferred route, as it is based on an agreement reached by both spouses regarding all conditions, from child custody to financial matters. This agreement is then submitted to the court for approval. When, however, an agreement cannot be reached, it is necessary to proceed with judicial separation. In this case, the judge decides on the separation conditions after a full trial, based on the requests and evidence provided by the parties. The choice between the two paths significantly influences the timelines, costs, and level of conflict in the process.

Protecting children: the parental plan

When a couple has children, their protection becomes the absolute priority. The guiding principle of the legislator is the best interest of the child, which must be guaranteed through considered decisions on custody, placement, and visitation rights. A central element is the parental plan, a document detailing each parent's commitments and responsibilities in the care, upbringing, and education of the children. Defining a balanced and functional parental plan is crucial to ensure that minors have the stability and serenity necessary to grow up, maintaining a continuous and meaningful relationship with both parents. Legal assistance in this phase is crucial for structuring an agreement that is truly practicable and prevents future disagreements.

Economic and financial agreements

Another fundamental aspect of marital crisis concerns the management of economic interests and the division of assets. Issues to be addressed include the determination of any alimony for the economically weaker spouse and for the children, as well as the assignment of the marital home. The calculation of alimony does not follow rigid mathematical formulas but is established by evaluating various factors, such as the spouses' incomes, the standard of living enjoyed during the marriage, and each spouse's contribution to family life. A correct analysis of these elements is essential to reach a fair financial agreement, allowing both parties to reorganize their lives on a solid and predictable basis.

The strategic approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, a family lawyer with extensive experience in Milan, is based on carefully listening to the client's needs to build a personalized strategy. The primary goal is to promote, where possible, a consensual resolution of the crisis, as a shared agreement offers greater guarantees of stability and reduces the emotional impact on the entire family. If the judicial route is unavoidable, the firm ensures rigorous and determined defense, managing every stage of the process with the utmost professionalism. Legal assistance extends to clients in Milan and its hinterland, including areas like Corsico and Buccinasco, ensuring a deep understanding of local dynamics and legal support aimed at a concrete and definitive resolution of the conflict.

Frequently Asked Questions

How long does it take to obtain a consensual separation?

The timelines for a consensual separation are significantly shorter than for a judicial one. Once the agreement between the spouses is reached and the joint petition is filed, the hearing before the president of the court is usually scheduled within a few months. After the hearing, if the agreement is approved, the separation becomes effective. The entire process can be concluded in an average period of 4 to 8 months, depending on the workload of the competent court.

What happens if we don't reach an agreement on child custody?

If parents cannot reach an agreement, a judicial separation must be pursued. In this scenario, the judge will decide on the modalities of custody and placement of the children, based on the principle of their best interest. The judge will hear both parents, may order a technical consultancy (CTU) to assess the family situation, and, if the children are twelve years old or capable of discernment, may also hear their opinion. The court's decision will aim to ensure the minor's right to co-parenting.

Who is assigned the marital home?

The assignment of the marital home is a measure primarily related to the protection of children. As a rule, the right to live in the family home is granted to the parent with whom the children will primarily live (custodial parent), regardless of who owns the property. The goal is to ensure that minors can continue to live in their usual environment. In the absence of minor children or non-self-sufficient adult children, the marital home is not assigned, and the matter falls under the normal rules of property ownership and division.

What is the difference between alimony and divorce alimony?

Alimony is paid during the separation phase to the economically weaker spouse to ensure a standard of living similar to that enjoyed during the marriage. Divorce alimony, on the other hand, is granted after the divorce and has a different function: no longer welfare-oriented and aimed at preserving the standard of living, but primarily compensatory and equalizing. Its purpose is to balance the economic positions of the ex-spouses, taking into account the contribution made by the weaker spouse to the formation of the family and personal assets of the other during the marriage.

Contact the firm for an evaluation of your case

Facing a separation requires important decisions that will affect your future and that of your family. Therefore, it is essential to receive clear and competent legal advice. Lawyer Marco Bianucci is available to analyze your specific situation, explain the available options, and define the most appropriate strategy to protect your rights. Contact the law firm in Milan to schedule an initial consultation and receive an in-depth analysis of your case.