Facing Separation: A Complex Journey

The decision to separate marks a moment of profound personal and familial transformation. We understand that, beyond the emotional burden, numerous legal and economic uncertainties arise: what will be the fate of the marital home? How will the children's well-being be ensured? How much will the maintenance allowance be? These questions require clear, competent answers based on a careful analysis of the specific situation. As an expert lawyer in family law in Milan, Avv. Marco Bianucci assists his clients, including those residing in Cinisello Balsamo, by providing legal support aimed at protecting their rights and finding the most balanced and sustainable solutions for the future.

The Regulation of Separation in Italy

The legal separation process in Italy can follow two main paths, depending on the degree of agreement between the spouses. Consensual separation is the preferred route, as it allows the parties to mutually agree on the conditions regarding child custody, child support, the assignment of the family home, and any financial transfers. The reached agreement is then submitted to the Court for approval. If an agreement cannot be reached, the process moves to judicial separation. In this scenario, the judge decides on all aspects of the separation, based on the parties' requests, the evidence produced, and, above all, the paramount interest of minor children.

Protecting Children: Custody and Maintenance

The absolute priority in any separation proceeding is the protection of the children's psychophysical well-being. Italian law favors joint custody, a principle that guarantees the child's right to maintain a continuous and balanced relationship with both parents. Sole custody for one parent is a residual option, ordered by the judge only in the presence of serious circumstances that could harm the child's upbringing. Closely linked to custody is the obligation of maintenance. The periodic allowance is calculated considering various factors: the child's actual needs, the standard of living enjoyed during the marriage, the time spent with each parent, and the respective financial resources of both.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, a divorce lawyer with a practice in Milan, is based on a careful preliminary analysis of the case and listening to the client's needs. For families in Cinisello Balsamo and the Milan hinterland, the firm offers strategic advice aimed at exploring, first and foremost, the possibility of a consensual solution. This path, when feasible, reduces the time, costs, and emotional impact of conflict. If judicial proceedings are unavoidable, legal assistance focuses on building a strong defense strategy, aimed at achieving the best possible outcome for the protection of the client's rights and their children, with particular attention to financial aspects and the assignment of the family home.

Frequently Asked Questions

How does the assignment of the family home work in Cinisello Balsamo?

The assignment of the family home does not follow property ownership but the children's best interests. The judge typically assigns the right to live in the home to the custodial parent, i.e., the one with whom the children will primarily live. This right remains until the children achieve economic independence. In the absence of minor or non-self-sufficient children, the home remains available to the owning spouse or is managed according to agreements between the parties.

What are the timelines for a consensual separation?

The timelines for a consensual separation are significantly shorter than for a judicial one. Once the agreement is drafted, the procedure can conclude in a few months. The exact times may vary depending on the workload of the competent Court, but the absence of a contentious phase makes the process much faster and more efficient.

Is it mandatory to have a lawyer for separation?

Yes, legal assistance is always necessary, even in cases of consensual separation. Each spouse can have their own lawyer, or, if there is full agreement, they can decide to be assisted by a single lawyer. The lawyer ensures that the agreement complies with the law and adequately protects the rights of both parties and the children.

Request a Legal Consultation in Milan

If you are facing a separation in Cinisello Balsamo or surrounding areas, it is crucial to receive clear and competent legal advice to fully understand your rights and options. The Bianucci Law Firm in Milan is available to analyze your specific situation and define the most appropriate strategy. Contact Avv. Marco Bianucci for an assessment of your case.