By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Italian law recognizes prenuptial agreements within the framework of the codice civile. The default regime is comunione legale, though spouses may elect the separazione dei beni regime before a notary. Italy permits certain customizations, including the creation of a fondo patrimoniale, but agreements may not conflict with Italy’s mandatory “primary regime” governing asset management and spousal rights.
For internationally mobile couples, Italian marital-property elections are often influential in later cross-border proceedings. A properly executed Italian marital agreement, especially one involving separazione dei beni, can help clarify ownership, minimize uncertainty, and align with financial structures recognized in foreign jurisdictions.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. While Elena Giannattasio, Esq. holds a JD and LLM from Luiss Guido Carli, in Italy, speaks fully Italian, understands the Italian Civil Law System, she is not admitted to practice in Italy and does not advise on Italian law. All information is provided strictly for general educational purposes and is not legal advice.