Separation and Divorce: Access to Justice

Facing separation or divorce is an emotionally complex journey, often accompanied by significant financial concerns. The fear of not being able to afford the legal expenses necessary to protect one's rights can add an extra burden of anxiety. It is crucial to know that the Italian legal system provides a tool of legal civilization to ensure access to justice for everyone: legal aid at the state's expense, commonly known as free legal assistance. As a family lawyer in Milan, Avv. Marco Bianucci is authorized to provide legal assistance through this institution, ensuring qualified technical defense for those in disadvantaged economic conditions.

What is Legal Aid at the State's Expense

Free legal assistance is a legal institution that allows low-income individuals to be represented by a lawyer without having to bear the costs, which are covered by the State. The regulations are contained in the Consolidated Text on Justice Expenses (D.P.R. 115/2002) and represent the concrete implementation of the right to defense enshrined in Article 24 of the Constitution. This benefit does not imply a lower quality of defense; on the contrary, it guarantees that every individual can assert their claims in court with the support of a trusted professional registered in specific lists.

Income Requirements to Access the Benefit

To be admitted to free legal assistance, the main requirement is economic. The applicant must have a taxable annual income, as shown in the latest tax return, not exceeding a threshold established by law, which is periodically updated by ministerial decree. For calculation purposes, the sum of the incomes of all household members living with the applicant is considered. However, in family law, and particularly in separation and divorce cases, the spouses' incomes are not added together, as their interests are considered to be in conflict.

When It Can Be Requested in Family Law

Free legal assistance can be requested for all procedures related to family crisis. This includes consensual and judicial separation, joint or judicial divorce, as well as proceedings to modify the conditions of separation or divorce. Assistance covers the entire legal process, from the initial phase to the conclusion of the case, ensuring complete protection of personal and patrimonial rights, including those related to child custody and maintenance.

The Approach of the Bianucci Law Firm to Free Legal Assistance

The Bianucci Law Firm bases its activity on the principle that access to justice must be an effective right and not a privilege. The approach of Avv. Marco Bianucci, a divorce lawyer in Milan with extensive experience, guarantees every client, regardless of whether they are admitted to free legal assistance, the same attention, dedication, and procedural strategy. Our firm assists the client from the initial phase, helping them verify the existence of legal requirements and correctly prepare the application for admission to the benefit, ensuring transparency and support at every stage of the procedure.

Frequently Asked Questions

What is the income limit for free legal assistance?

The income limit for admission to legal aid at the state's expense is updated every two years by decree of the Ministry of Justice. It is essential to check the threshold in effect at the time of application. Currently, the limit is set at €12,838.01 of taxable annual income. It is important to remember that this value may change.

If I am admitted to free legal assistance, do I have to pay anything to the lawyer?

No. If the application for admission is accepted, the client does not have to pay any fee to the lawyer. The lawyer's fees and all court costs (such as the unified contribution, notification expenses, etc.) are paid directly by the State. Any request for payment from the lawyer would be a professional misconduct.

What happens if my income changes during the lawsuit?

The beneficiary has the obligation to promptly report any significant changes in income limits that occur during the proceedings. If the income exceeds the legal threshold, the benefit will be revoked. Failure to report such changes may result in penalties, including criminal ones.

Can my spouse also request free legal assistance?

Yes, each spouse can independently apply for admission to free legal assistance, provided they meet the income requirements established by law. In separation and divorce cases, the spouses' incomes are not combined, as their procedural positions are in conflict of interest.

Request an Assessment for Your Case in Milan

Understanding whether you meet the requirements for free legal assistance is the first step towards facing separation or divorce with greater peace of mind. If you believe you may benefit from legal aid at the state's expense, we invite you to contact the Bianucci Law Firm for a preliminary assessment. Avv. Marco Bianucci, an expert in family law, is available at the Milan office, located at Via Alberto da Giussano 26, to provide you with an opinion on your situation and assist you in protecting your rights.