The Importance of Expert Appraisal in Divorces with Complex Assets

When a couple decides to end their marriage, managing financial aspects often represents the most delicate and conflict-ridden phase, especially in the presence of substantial assets, company shares, or business activities. As an expert family law attorney in Milan, Avv. Marco Bianucci understands that the correct valuation of these assets is fundamental to ensuring a fair maintenance allowance or a just division of property. It's not just about applying the law, but about deeply understanding the financial dynamics underlying the family's wealth.

In many cases, a simple review of tax returns is insufficient to capture the parties' real economic capacity, particularly when one spouse owns companies or holds company shares whose nominal value differs from their actual worth. It is in this context that the role of a competent lawyer becomes crucial, capable of requesting and managing specific evidentiary tools such as an economic-patrimonial Technical Consultancy of Office (CTU).

Technical Consultancy of Office (CTU) for Business Valuation

In the context of judicial separation or divorce proceedings, when there is disagreement on the value of assets or on a spouse's actual earning capacity, the Judge may order a CTU. This is a technical investigation entrusted to an expert (usually an accountant or auditor) tasked with answering specific questions formulated by the magistrate. The objective is to reconstruct the real assets, assess the market value of companies or company shares, and analyze financial flows, including any retained earnings or assets held by third parties or trusts.

Italian law stipulates that maintenance and divorce allowances are determined by considering the entire asset pool. However, valuing a company requires expertise that goes beyond a mere reading of the balance sheet. It is necessary to analyze goodwill, future earning potential, and the actual asset composition. Without a thorough technical analysis, there is a risk of underestimating or overestimating available resources, leading to unfair economic provisions that can harm one party for years.

The Bianucci Law Firm's Approach to Economic CTU

The approach of Avv. Marco Bianucci, an attorney with extensive experience in complex divorces in Milan, is distinguished by the meticulous strategic preparation that precedes and accompanies the expert phase. The firm does not merely accept the court-appointed expert's investigation but actively participates in the expert proceedings through the appointment of high-profile Party Technical Consultants (CTP). This synergy between legal defense and private technical consultancy is essential for monitoring the CTU's work, presenting critical observations, and ensuring that every asset element is correctly valued.

The defense strategy focuses on identifying the correct questions to submit to the Judge and rigorously controlling the valuation methodology adopted. Whether it's estimating the value of an SME, a block of shares, or high-value real estate, the goal is to bring to light the substantive truth of the economic facts. Thanks to this attention to detail, the Bianucci Law Firm works to protect the client's assets or to ensure that the economically weaker spouse receives what is legally due, avoiding asset concealment or instrumental devaluation.

Frequently Asked Questions

When is it necessary to request a patrimonial CTU in a divorce?

Requesting a patrimonial CTU is advisable when there is a significant discrepancy between the standard of living enjoyed during the marriage and the declared income, or when the assets consist of complex items such as businesses, unlisted company shares, or financial investments that are difficult to interpret. It is the primary tool for revealing the parties' real economic capacity if the tax documentation appears incomplete or inaccurate.

How is a company or company share valued during a separation?

The valuation is not based solely on the nominal value of the share or the net book value. The expert appointed by the judge will use business valuation methods (such as the income, asset, or mixed method) to estimate the company's actual market value, taking into account goodwill and the company's ability to generate future profits. This value