Family Asset Management in an International Context

The decision to move to another European Union country brings not only life changes but also significant legal implications regarding the management of family assets. Many couples who have entered into agreements or chosen specific matrimonial property regimes in Milan wonder about the validity of these arrangements once they cross national borders. As a divorce lawyer, I understand that the main concern lies in legal certainty: knowing whether the protections established in Italy will be recognized and enforced abroad is fundamental for the family's peace of mind.

The Regulatory Framework: Between Italian Law and EU Regulations

In Italy, the concept of a 'prenuptial agreement' in the Anglo-Saxon sense (agreements made in anticipation of divorce) still encounters significant validity limitations, often being considered contrary to public policy. However, European legislation has introduced fundamental tools for international couples. Regulation (EU) 2016/1103 has revolutionized the matter, allowing spouses to choose the law applicable to their matrimonial property regime. This means that, despite starting from a rigid Italian context, it is possible to structure agreements that effectively regulate property relations even in the event of relocation to another Member State. The key lies in the correct legal qualification of the deed executed in Milan so that it can circulate and be enforced within the European legal space without obstacles.

Studio Legale Bianucci's Approach to Asset Protection

Avv. Marco Bianucci, as a lawyer specializing in family law in Milan, addresses these delicate issues with a preventive and strategic approach. It is not simply a matter of drafting a document, but of analyzing the couple's destination and the interactions between the Italian legal system and that of the host country. Studio Legale Bianucci carefully evaluates the choice of matrimonial property regime and the potential choice of applicable law (professio iuris), tools that guarantee the continuity of asset protection. The goal is to create a solid legal architecture that, while respecting mandatory Italian provisions, leverages the opportunities offered by European private international law to protect clients' interests wherever they choose to reside.

Frequently Asked Questions

Are agreements made in Milan automatically valid throughout the EU?

There is no absolute automatic validity for every type of agreement. While standard matrimonial property regimes (such as separation of assets) are generally recognized, more complex or atypical clauses require a compatibility check with the public policy of the destination country and with Regulation (EU) 2016/1103.

Can I choose foreign law to govern my assets?

Yes, the EU Regulation allows spouses to designate the law of a State of which at least one of them is a national or habitually resident as the law applicable to their matrimonial property regime, offering greater stability in case of relocation.

What happens if I move without updating my agreements?

In the absence of a specific choice of law, the matrimonial property regime may undergo changes based on the spouses' habitual residence, creating legal uncertainties. A preventive review of the agreements with an expert in the field is advisable.

How does a divorce lawyer intervene in these cases?

The professional analyzes the asset situation and drafts supplementary deeds or formal choices of law that crystallize the parties' intentions, ensuring that decisions made in Milan maintain their legal effect abroad.

Request an Assessment of Your Situation

If you are planning to move abroad or have financial interests in different EU countries, it is essential to verify the validity of your current agreements. Avv. Marco Bianucci is available at the Milan office, at Via Alberto da Giussano 26, to analyze your specific case and prepare the necessary protections. Preventive consultation is the best investment to ensure the future security of your family assets.