Marital Crisis Management

Facing the end of a marriage is a complex journey, fraught with emotional, personal, and financial implications. In such a delicate moment, clarity and awareness of one's rights are fundamental to laying the groundwork for a peaceful future, protecting oneself and, above all, one's children. Understanding separation procedures, the dynamics of financial agreements, and custody decisions is the first step in managing the situation responsibly. In this context, the support of a qualified professional is crucial. The approach of Avv. Marco Bianucci, a divorce lawyer in Milan, is aimed at providing clear and strategic legal assistance, focused on protecting your interests and finding concrete and sustainable solutions over time.

Separation and Divorce: The Legal Framework

In Italy, the process leading to the dissolution of the marital bond involves two distinct phases: separation and divorce. Separation does not end the marriage but suspends its most significant effects, such as the obligation of cohabitation and fidelity, while maintaining other duties, like mutual respect and material assistance. It can be consensual, when spouses reach an agreement on all conditions (child custody, assignment of the marital home, maintenance payments), which is then approved by the court. In the absence of an agreement, the process moves to judicial separation, a full-fledged contentious proceeding in which the judge decides on the conditions, based on the requests and evidence provided by the parties.

Financial Agreements and Child Protection

One of the most critical aspects of any separation concerns the management of financial agreements and the protection of minors' well-being. The determination of maintenance payments for the economically weaker spouse and for the children is based on precise criteria, such as the parties' incomes, the standard of living enjoyed during the marriage, and the children's needs. Simultaneously, child custody is almost always shared, with the aim of ensuring the principle of dual parenting, i.e., the child's right to maintain a balanced and continuous relationship with both parents. The decision on the assignment of the family home primarily considers the children's interest in preserving their domestic environment.

The Approach of the Bianucci Law Firm

The Bianucci Law Firm, based in Milan, handles every case of matrimonial law with a method based on listening and detailed analysis. The primary goal of Avv. Marco Bianucci is to explore every possible avenue for a consensual resolution of the crisis, as a shared agreement represents the fastest, least expensive, and, above all, least traumatic solution for all parties involved, especially for the children. The approach of Avv. Marco Bianucci, as a divorce lawyer with consolidated experience, is based on building a tailor-made strategy that balances the protection of financial rights with the safeguarding of future family relationships. Should litigation prove unavoidable, the firm ensures rigorous and determined defense in court, always acting in the exclusive interest of the client.

Frequently Asked Questions

What is the difference between consensual and judicial separation?

Consensual separation is based on an agreement freely reached by the spouses on all conditions (financial, property, and child custody), which is then submitted to the court for approval. Judicial separation, on the other hand, is a contentious proceeding initiated when there is no agreement; in this case, the judge will establish all the conditions of the separation after a complete investigation.

How is child maintenance determined?

Child maintenance is calculated considering various factors: their concrete needs (educational, health, recreational), the standard of living enjoyed during cohabitation, the time spent with each parent, and the respective financial resources of both parents. The goal is to ensure proportionate financial support for the children, allowing them to maintain a lifestyle as similar as possible to that before the separation.

What happens to the marital home after separation?

The assignment of the marital home is decided primarily in the interest of the children. Generally, the judge grants the right to live in the family home to the parent with whom the children will primarily live (custodial parent), regardless of who owns it. In the absence of minor or non-self-sufficient children, the home follows general property rules.

Is it possible to modify separation agreements in the future?

Yes, the conditions established during separation, whether consensual or judicial, can be modified if justified reasons arise. For example, a significant change in the financial situation of one of the spouses or new needs of the children may lead to a request for revision of maintenance payments or custody arrangements.

Contact the Firm for an Evaluation of Your Case

If you are facing a separation or wish to better understand your rights and obligations, it is crucial to receive clear and competent legal advice. The Bianucci Law Firm offers consultation and assistance for all matters related to family law. To request an appointment and discuss your situation with Avv. Marco Bianucci, you can contact the Milan office at Via Alberto da Giussano, 26. A thorough analysis of your case is the first step in identifying the most effective strategy to protect your interests.