A Choice of Protection for the Future

An increasing number of couples are choosing to build a life together without getting married. However, this decision should not translate into a lack of legal protections. Understanding how to protect your partner and regulate the financial aspects of your shared life is an act of responsibility and foresight. The cohabitation agreement, introduced by Law Cirinnà (n. 76/2016), represents the fundamental legal instrument for de facto couples who wish to clearly define their economic and personal relationships, preventing potential future conflicts. Relying on an expert family law lawyer in Milan, such as lawyer Marco Bianucci, is the first step towards building a solid and tailored agreement.

What is a Cohabitation Agreement and Who is it For

A cohabitation agreement is a written contract through which two adults, stably united by affective bonds and mutual moral and material support, who are not bound by kinship, affinity, or adoption, marriage, or civil union, can regulate the financial aspects related to their shared life. To be valid, the agreement must be drawn up in writing, under penalty of nullity, through a public deed or a private writing authenticated by a notary or a lawyer. The latter will then transmit it to the registry office of the cohabitants' municipality of residence for registration.

Key Aspects Regulated by the Agreement

Flexibility is one of the main advantages of this instrument. The agreement can be personalized to meet the specific needs of each couple, precisely defining crucial aspects of their life together. Among the points that can be regulated are the designation of the common residence, the methods of contributing to daily living expenses in proportion to each person's means and ability to work, and the choice of the community property regime, which can be modified at any time. This allows for transparent management of assets accumulated during cohabitation, avoiding uncertainties in the event of the relationship's termination.

The Approach of Studio Legale Bianucci

Drafting a cohabitation agreement is not a mere bureaucratic exercise, but an in-depth analysis of the couple's dynamics and their future projections. The approach of lawyer Marco Bianucci, an expert family law lawyer in Milan, is based on active listening and prevention. The goal is to translate the cohabitants' wishes and expectations into clear, fair, and legally unassailable clauses. The firm analyzes the financial situation, identifies areas of potential criticality, and proposes solutions that ensure peace of mind and protection for both partners, both during cohabitation and in the event of its conclusion.

Frequently Asked Questions

What happens if we don't have an agreement and the cohabitation ends?

In the absence of a cohabitation agreement, the termination of the relationship can lead to complex disputes. It becomes difficult, for example, to prove one's rights to a home owned by only one of the partners, even if the other has contributed financially to the expenses. Similarly, the division of jointly acquired assets or the repayment of loaned sums can become a source of lengthy and costly litigation. The agreement prevents these problems by establishing the rules to be followed in advance.

Does a cohabitation agreement have the same validity as marriage?

No, they are two distinct legal institutions with different effects. A cohabitation agreement primarily regulates financial matters and certain personal rights, such as assistance in case of illness. However, it does not confer the status of spouse or the rights that derive from it, such as survivor's pension or automatic inheritance rights. To grant a share of one's assets to a partner in the event of death, a will must be drawn up.

Can we modify the cohabitation agreement in the future?

Absolutely yes. A cohabitation agreement is a dynamic instrument that can be modified or terminated at any time. Modifications or consensual termination must be made in the same written form required for its stipulation. This allows the agreement to be adapted to changes in the couple's life, such as the purchase of a property or the emergence of new financial needs.

Contact the Firm for a Personalized Consultation

Defining the rules of your shared life today means protecting your tomorrow. If you wish to fully understand the opportunities offered by a cohabitation agreement and draft an agreement that faithfully reflects your needs, you can contact Studio Legale Bianucci. Lawyer Marco Bianucci is available at the Milan office, located at via Alberto da Giussano 26, to offer you clear and strategic advice and assist you in drafting a tailor-made agreement for your future.