Navigating Separation Responsibly

The decision to separate is one of the most complex and delicate moments in a couple's life, especially when children are involved. We understand that primary concerns revolve around their well-being and the need to ensure their stability and serenity. In this phase of uncertainty, clear and competent legal guidance is essential to transform conflict into a sustainable agreement. As a divorce lawyer in Milan, Avv. Marco Bianucci supports parents through the separation process, always prioritizing the protection of minors and the establishment of a new family balance based on clear and shared rules.

The Parental Plan: An Essential Tool

Italian legislation, with recent reforms such as the one introduced by the Cartabia Law, has increasingly emphasized co-parenting and shared responsibility. In this context, the parental plan plays a central role. It is not a simple visitation schedule but a detailed document that defines every aspect of the children's lives after separation. A well-structured plan is the best guarantee to prevent future disagreements and disputes, offering children a stable and predictable framework.

An effective parental plan must include precise guidelines on several fundamental aspects: the primary residence of the children, the time spent with each parent during the week and during holidays, communication methods, choices regarding education, sports and recreational activities, health, and religious upbringing. Furthermore, it defines the criteria for financial contributions, ensuring that economic decisions are transparent and proportionate to the capabilities of both parents.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in family law in Milan, is primarily oriented towards seeking a consensual solution. We firmly believe that an agreement reached through dialogue is more lasting and beneficial for the entire family than a decision imposed by a court. Our goal is to guide you in negotiating a separation agreement that is fair, comprehensive, and reflects the specific needs of your family unit.

The process begins with an in-depth analysis of your personal, family, and financial situation. Subsequently, we work to facilitate communication with the other parent to develop a detailed parental plan and a sustainable financial agreement. Should an understanding not be reached, the Bianucci Law Firm will assist you with determination in the judicial separation process, defending your rights and, above all, the best interests of your children at every stage of the proceedings.

Frequently Asked Questions

What exactly is a parental plan and why is it important?

The parental plan is a document attached to the separation or divorce agreement that analytically describes the commitments and responsibilities of each parent in the care, education, and management of the children. It is crucial because it minimizes areas of potential future conflict, providing clear guidance for daily and extraordinary decisions, and ensuring children have a stable and consistent routine.

How is child support calculated?

The calculation of child support does not follow fixed mathematical formulas but is based on a careful evaluation of various factors. The main criteria include the concrete needs of the children (educational, health, recreational), the standard of living enjoyed during the cohabitation, the time spent with each parent, the financial resources of both, and the value of domestic and care tasks undertaken.

What is the difference between consensual and judicial separation?

A consensual separation occurs when the spouses reach a complete agreement on all conditions (child custody, house assignment, child support). The agreement is then submitted to the court for approval. A judicial separation, on the other hand, is initiated when there is no agreement, and a judge will decide on all aspects of the separation after a full trial.

Is it mandatory to have a lawyer for separation?

Yes, the assistance of at least one lawyer is always mandatory in Italy to proceed with a separation, whether consensual or judicial. Even in the case of assisted negotiation, each party must be assisted by their own legal counsel. This rule is in place to ensure the correctness of the procedure and the full protection of the rights of both parties and, above all, of minor children.

Contact the Firm for a Consultation in Milan

If you are facing a separation and wish to define a parental plan that protects your children's future, the assistance of a divorce lawyer is a crucial step. Contact the law firm of Avv. Marco Bianucci in Milan to analyze your specific situation and define the most appropriate strategy to protect your interests and ensure your family's well-being.