Prenuptial Agreements: A Strategic Choice

Getting married is an important step that unites not only personal lives but also financial paths. For entrepreneurs, professionals, or anyone possessing significant assets built over years of work, asking questions about their protection is not a sign of distrust, but an act of responsibility and foresight. Understanding how to protect one's assets before the wedding is fundamental to ensuring peace of mind and stability for both parties. As a family lawyer in Milan, Avv. Marco Bianucci assists future spouses in analyzing and defining clear legal strategies aimed at preventing complex future disputes.

The Regulatory Context: Marriage Contracts in Italy

In the absence of an explicit choice, the legal marital property regime that automatically applies to marriage in Italy is the community property. This means that, with few exceptions, all acquisitions made by the spouses, even separately, after the marriage become common property. While this regime may reflect a fully shared life project, it can prove problematic for those managing a business or professional activity. Italian law offers alternative tools, known as marriage contracts, which allow for derogation from the legal regime and personalization of the family's financial management.

Separation of Property: Clarity and Autonomy

The most common contract is the separation of property. By opting for this regime, each spouse retains exclusive ownership of assets acquired both before and during the marriage. This choice ensures a clear distinction between personal assets, protecting one spouse's business or professional activity from the other's personal affairs. It is a solution that offers maximum transparency and management autonomy, essential for those with entrepreneurial responsibilities who wish to keep their business assets safe from any claims or attacks by the other spouse's creditors.

Family Trust: Targeted Protection

Another available tool is the family trust, with which one or both spouses can earmark certain assets (real estate, securities, etc.) for the satisfaction of the family's needs. These assets enjoy special protection: they cannot be seized by creditors for debts incurred for purposes unrelated to family needs. While useful, its establishment requires careful evaluation, as it imposes significant restrictions on the availability of the contributed assets.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, a family lawyer with consolidated experience in Milan, is based on a detailed and personalized analysis of the financial situation and objectives of future spouses. The Firm does not offer standardized solutions but builds a tailor-made strategy. The process begins with an in-depth examination of the asset composition (company shares, real estate, investments, professional activities) to identify areas of potential vulnerability. Subsequently, the implications of each legal option are clearly explained, guiding the client towards choosing the marriage contract best suited to ensure effective and lasting protection, in full respect of the will of both parties and their shared life project.

Frequently Asked Questions

Is it possible to have a prenuptial agreement in Italy like in the USA?

No, the Italian system is different. In Italy, agreements that aim to regulate in advance the economic aspects of a potential future divorce, such as the determination of spousal support, are not valid. Italian marriage contracts, on the other hand, are fully valid instruments and focus on choosing the marital property regime to apply during the marriage (e.g., separation of property), with direct effects on the management and ownership of assets.

Does separation of property protect my business in case of divorce?

Yes, to a large extent. By choosing separation of property, the business or company shares registered in one spouse's name remain their exclusive property. In case of divorce, the other spouse cannot claim ownership of the business. However, the assessment of the standard of living for any maintenance or divorce alimony will take into account all income, including that derived from business activities.

What happens to personal debts in the community property regime?

In community property, the personal creditors of one spouse can, subsidiarily, have recourse to the community assets up to the value of the debtor spouse's share. This means that a debt incurred by one spouse for purposes unrelated to the family can jeopardize half of the common assets, including assets acquired with the other spouse's income. Separation of property avoids this risk.

When can a marriage contract be stipulated?

A marriage contract can be stipulated before the celebration of the marriage, concurrently with it (by declaring the choice to the civil registrar or religious minister), or at any later time. To be valid, it must be drawn up by public deed, i.e., with the assistance of a notary. Preliminary legal advice is crucial to approach this step prepared.

Plan with Clarity: Request a Consultation

Addressing financial planning before marriage is a step that requires sensitivity, expertise, and a strategic vision. At the Bianucci Law Firm in Milan, you will find the listening ear and professionalism necessary to analyze your specific situation and define the most appropriate solution. Contact Avv. Marco Bianucci for a preliminary assessment and to understand how best to protect your future and that of your family.