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Can a prenuptial agreement be made in Italy?

That the hot clause, that of compulsory sex four times a week, is true is not confirmed, but that Jennifer Lopez And Ben Affleck they will sign a prenuptial agreement in view of the wedding it is certainty. In the United States it is customary. Not with us. But is it completely forbidden?

“First of all,” explains the lawyer Maria Grazia Di Nellawhich deals with the law of the person, family relations and minors, «we must distinguish two types of contracts premarital. On the one hand, there are agreements of the future spouses made before the wedding with which they intend to regulate some aspects of the marriage and its possible crisis in order to avoid reaching a clash and a negotiation to be made when one no longer speaks to each other. On the other hand, there are agreements made after marriage when the first difficulties arise or when it is between separation and divorce and you want to keep the agreement found for the first for the second ».

The real prenuptial agreements, those made before the celebration of the wedding, are null and void by us. “All agreements that limit or regulate in a different way those that are the basic principles of marriage are considered invalid: fidelity, children, cohabitation. It is not allowed to derogate from the matrimonial duties stipulated by law “. You cannot make an agreement that provides for sexual freedom, and not even one that says that the two spouses live in different places. It cannot be established that all the expenses are borne by only one of the two people, it is not possible to regulate the management of the children. “We cannot foresee a penalty in the event of separation or a reward after a certain period of marriage,” adds the lawyer.

The law instead provides that before and during marriage, at any time, it can be changed the property regime of separation or community of assets. In addition to this choice of assets, there is the possibility of pre-establishing real estate transfers, the rulings of the Supreme Court say, and the aim is to give greater protection to the weak spouse.

Outside of marriage, the rules are different. “THE cohabiting they can choose everything: whether to live in two different houses for example. The cohabitation contract (from the Cirinnà law ed) allows you to establish all the regulations of your life and also of the end of cohabitation »says Maria Grazia Di Nella. Anything that is lawful under the law can be done.

More and more often, however, the lawyer recalls, we see prenuptial agreements. The reason is linked to the most recent rulings of the Supreme Court on divorce and separation. “If even this pact has no binding value, it still remains a proof, it is a document indicative of what the spouses would have liked, their choice of address in family life and could serve to protect those women who have left their careers for their families and who now find themselves without divorce allowance if they have a degree. In cases like these, a prenuptial agreement is the only way of protection for a woman who has to put herself back into the labor market for fifty years “.

Even the agreements made after the marriage started are null and void. However, the lawyers report frequent clauses that confirm at the time of divorce that they are those of separation. They are agreements quotesnow accepted in the courts.

It is not just the US that allows prenuptial agreements. Germany and Spain allow it. “In cases of international marriage, the first thing to check is whether there is a choice of law. For a European regulation, you can choose the law to apply to marriage in the event of separation or divorce: law of the state of residence at the time of the agreement, law of one of the countries of origin of the spouses“. The Italian court must recognize the chosen law unless it is detrimental to an existing law, for example the possibility of having two wives, and internal public order ”. On the other hand, the law on the parental responsibility to apply. For minors, the law of the country in which they are resident always applies.

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Source: Vanity Fair

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