The validity of prenuptial agreements in Italy

The decision to get married brings with it the need to plan for the future, not only from a personal but also from a financial point of view, especially for entrepreneurs and professionals. Many wonder if it is possible, through a prenuptial agreement, to protect their company from any consequences of a future marital crisis. As a family lawyer in Milan, lawyer Marco Bianucci deals with these legitimate concerns daily, providing a clear picture of the possibilities offered by Italian law. It is essential to understand that, in our legal system, agreements made before marriage that dispose of marital rights and duties (such as maintenance payments) are generally considered void. This principle is based on the unavailability of rights arising from marriage, which cannot be subject to prior negotiation.

Alternative tools for asset protection

The impossibility of stipulating a fully binding prenuptial agreement on the Anglo-Saxon model does not mean that there are no effective solutions for protecting business assets. Italian law offers various legal instruments that, if used strategically, can achieve a similar protection objective. The most immediate and fundamental choice is that of the family's property regime: separation of assets. By opting for this regime, each spouse retains exclusive ownership of assets acquired both before and during the marriage, including company shares. Other solutions, more complex and to be evaluated on a case-by-case basis, include the establishment of a family fund, the stipulation of a family pact to regulate the generational transfer of the business, or the establishment of a trust. Even amending company bylaws, by inserting approval or pre-emption clauses, can represent a valid barrier to protect the company's integrity.

The approach of the Bianucci Law Firm

Understanding which tool or combination of tools is best suited to your specific situation requires in-depth and personalized analysis. The approach of lawyer Marco Bianucci, a family lawyer with consolidated experience in Milan, is based on strategic advice preceding the celebration of the marriage. The aim is not only to erect barriers but to build a clear and resilient financial and corporate structure that can protect the value created through years of work, in full compliance with current regulations. The strategy is defined by analyzing the nature of the business, the corporate structure, and the family's long-term objectives, ensuring conscious and forward-thinking financial planning that can prevent complex future disputes.

Frequently Asked Questions

What happens to my company if I get married under community property?

If the company was established after the marriage, it falls under community property (community of residue) and, in case of separation, its value will have to be divided. If the company predated the marriage, only the profits and value increases resulting from joint management fall under the community property. However, management may fall to both spouses, creating potential operational complexities.

Does separation of assets completely protect my company?

Separation of assets is the first and most important step. It ensures that ownership of shares or an individual company remains exclusively with the entrepreneur spouse. However, it does not exclude the other spouse's right to potential maintenance payments, the amount of which could also be calculated considering the value and profitability of the company.

Can a family pact replace a prenuptial agreement?

A family pact is a specific tool for the generational transfer of a business to one or more descendants. It is not a prenuptial agreement, but it can be strategically used before marriage to transfer the company to children, crystallizing its value and excluding it from future marital disputes. Its application requires careful succession and family planning.

Contact the firm for strategic advice

Protecting business assets in the context of marriage is a complex matter that requires careful and timely planning. Addressing these issues before marriage is an act of responsibility and foresight. If you wish to analyze your situation and understand the most effective legal solutions to protect your business, you can contact lawyer Marco Bianucci for a strategic assessment of your case. The firm offers targeted consultations to define a solid financial structure in line with your objectives.