Attitudes towards marriage contracts are also reflected in historical factors. Social opinions also played an important role. Basically, divorce has only been allowed in Italy since 1970. Over the years, social stigma and general attitudes towards divorce have decreased. This paved the way for a more permissive system in which couples can divorce. With regard to marriage, the Italian Civil Code prohibits the acceptance of marriage contracts signed by the intending spouses before the marriage with a view to possible separation or divorce. Matrimonial relationships can only be concluded by the spouses after marriage and only in very specific forms, as provided for in the Civil Code. In general, spouses may deviate from the standard rule of community of property and opt for the alternative regulation of separation of property. Some tailor-made agreements may be allowed, provided that they still meet very strict requirements as defined in the Civil Code. Marriage contracts in Italy must be concluded before a notary, except that if the spouses choose the regime of complete exclusion from community of property, the spouses can make a declaration at the time of their marriage before the person celebrating their marriage, which must then be noted on the marriage certificate. These agreements have been allowed in the English-speaking world for a very long time and have also been used extensively: we think about how often we can read in magazines millionaire agreements signed by Hollywood stars when celebrating their marriages with a view to a possible future divorce. Question: Are marriage and marriage contracts allowed in Italy? What law regulates marriage after moving to Italy? U.S. courts also generally require parties to honestly disclose all information about their material and financial characteristics before entering into a prenuptial agreement, as any omission regarding their goods may be a reason for the unenforceability of the agreement.
As far as inheritance is concerned, the reforms proposed in Italy are the latest step in a more comprehensive reform of the Italian legal system, which aims to combine flexible succession planning with a reduction in inheritance and pension taxation. Italy already offers extremely advantageous inheritance tax treatment in Italy, with lower inheritance tax rates than other European countries. In addition, Italy has recently introduced a new favourable tax system (the “pensioners` regime”), which provides for a very low tax burden for foreigners who, as recipients of a foreign pension, decide to transfer their residence to Italy. In this context, the introduction of succession contracts would only increase Italy`s attractiveness. With regard to successions, the Italian Civil Code prohibits inheritance agreements. These are all agreements (with the exception of wills) whereby (a) a person disposes of his estate before his death or (b) the future heirs waive or dispose of the rights that may be due in connection with an inheritance that has not yet taken place. If concluded, agreements fulfilling these characteristics would be considered null and void. Unlike other jurisdictions, marriage contracts are not common in Italy. The reason for this is obvious; Until relatively recently, even if the parties had concluded a marriage contract, the Italian court did not enforce it.
In this guest blog, Italian lawyer Veronica Magrini of the Anglo Italian Law network examines the status of marriage contracts in Italy and the matrimonial regime itself. Foreign countries that allow the regulation of the marriage contract have understood that a negotiation can be carried out more quickly and easily (as well as more politely) if it is carried out beforehand in a period of serenity of the couple, before or after the marriage, and not when the relationship is already in crisis. In these moments, any negotiation associated with economic and patrimonial issues can be compromised by mutual demands. The purpose of marriage contracts in force abroad, particularly in matters of succession, include the lifting of prohibitions on contracts of succession that allow a person to conclude an agreement specifying how he disposes of his property (by means other than a will) before his death. In addition, it is proposed to allow future heirs to irrevocably waive their rights to future successions or parts thereof. Italy is part of both the EU Succession Regulation and the EU Matrimonial Property Regimes Regulation, which already offer flexibility in both aspects: international inheritance contracts would be recognised in Italy in certain circumstances, as provided for in the EU Regulation; and matrimonial relations may be concluded if they comply with the provisions of the EU Matrimonial Property Regulation and if the law applicable to such agreements is provided for in the Regulation. Answer: Italy has extremely strict rules and almost no marriage arrangements are allowed. Marriage contracts and prenuptial agreements are applicable in situations where the spouses have a different nationality or more than one or more or if one or both of them live in a country different from their nationality. In some of these international cases, spouses have the option of choosing another law to govern their marital affairs. Otherwise, Italian law determines which law governs the relationship between the spouses during marriage and in the event of divorce. Marriage contracts concluded under foreign law and valid under that law may be enforceable in Italy, unless they are void on grounds of public order.
Very often we are dealing with the slippery reality of the application of prenuptial agreements drafted by couples at marriage in Italy (in the form of a separation of property), which can be argued before the American courts or claimed ex converso. Some general and simple information can be given here about how both systems work: of course, the advice of a local lawyer remains indispensable in Italy and America. Under the current legislation, in cases where marriage contracts include clauses for children, the authorization of the competent court would in any case be mandatory, so that the court can verify whether the children are properly protected by previous decisions already agreed by the spouses. Agreements could only be valid if they are signed by an authentic deed before a notary and two witnesses in order to ensure that the intentions of both spouses are given in a state of total freedom and conscience. In this situation, it is easy to see how useful it would have been to settle all kinds of disputes already through a prenuptial agreement aimed at making the end of the relationship less contentious. In fact, these agreements provide that husband and wife can settle their property relations at any time with the specific purpose of a possible future separation or divorce. This would be a historic reform given the flexibility that the introduction of the possibility of concluding inheritance agreements (so-called patti successioni) and prenuptial contracts would bring to the planning of international individuals and couples, potentially increasing Italy`s attractiveness as a country of establishment. Something is changing in Italy. Italy`s inheritance and marriage legislation, which has always resisted reforms, could undergo major changes. .