Planning for the Future of Blended Families

Planning a second marriage is a moment of great joy, but it brings with it the need to address complex issues, especially when children from previous unions and consolidated assets are involved. The concern of ensuring a serene future for all members of the new extended family is legitimate and deserves special attention. Asset agreements represent a fundamental legal tool for clearly defining asset management and protecting the interests of each party involved, preventing potential future conflicts. As a divorce lawyer in Milan, Avv. Marco Bianucci assists couples on this delicate path, offering legal guidance aimed at building solid foundations for their new life together.

Agreements Between Spouses: The Italian Regulatory Context

It is important to clarify that the concept of a "prenuptial agreement" in Italy differs from that common in other countries, such as the United States. Italian law, in fact, establishes the unavailability of certain rights and duties arising from marriage, such as maintenance payments in the event of divorce, which cannot be the subject of advance agreements. However, the legal system offers effective tools for the asset management of marriage, which allow for the achievement of entirely similar protection and clarity objectives.

The Separation of Assets Agreement

The most common and direct tool is the choice of the separation of assets regime. Unlike legal community property, which is the standard regime, separation of assets ensures that each spouse retains exclusive ownership of assets acquired during the marriage. This choice, formalized through a notarial deed before or after the wedding, is a first, fundamental step in protecting one's personal assets and, consequently, legal heirs, such as children from a previous relationship.

Other Asset Protection Tools

In addition to separation of assets, there are other legal solutions for advanced asset and inheritance planning. Depending on the complexity of the assets and specific objectives, instruments such as a family asset fund, intended to meet the family's needs, or a trust, for more complex asset management for designated beneficiaries, such as children, can be considered. The family pact can also be a suitable solution for managing the generational transfer of a business, ensuring its continuity and protecting other heirs.

The Bianucci Law Firm's Approach to Protecting Blended Families

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in matrimonial law in Milan, is based on listening and personalization. Every blended family has a unique history and needs. Therefore, the first step is an in-depth analysis of the financial and family situation to identify the real objectives: protecting children's inheritance, safeguarding a family business, or simply ensuring economic independence for both spouses.

The firm's strategy is not limited to choosing a single instrument but aims to build an integrated and tailored solution. Avv. Marco Bianucci guides clients in understanding the legal implications of each option, ensuring that the agreements are not only valid and effective but also fair and sustainable over time. The ultimate goal is to transform concerns into certainties, allowing the couple to begin their journey together with the utmost serenity and transparency.

Frequently Asked Questions

Are prenuptial agreements valid in Italy?

In Italy, agreements that establish in advance the conditions of a possible divorce (such as maintenance payments) are generally considered null and void. However, agreements that regulate the family's asset regime during marriage, such as the choice of separation of assets, the establishment of a family asset fund, or other asset planning instruments, are fully valid and effective.

How can I protect the inheritance of my children from a previous marriage?

Choosing the separation of assets regime is the first fundamental step, as it prevents personal assets from automatically entering into community property with the new spouse. Furthermore, it is possible to use testamentary instruments to dispose of the available portion of one's assets in favor of children, while respecting the legal inheritance shares due to the spouse.

What happens to my assets if I remarry without agreements?

In the absence of an explicit choice, the asset regime that automatically applies is the legal community property of assets. This means that all acquisitions made after the marriage (except for those strictly personal) become jointly owned by both spouses at 50%, regardless of who incurred the expense. This can create significant complexities in the event of succession or separation.

How much does it cost to define an asset agreement before marriage?

Costs vary depending on the complexity of the financial situation and the chosen legal instruments. The stipulation of a separation of assets agreement has defined notary fees. For targeted legal advice and the structuring of more complex solutions, professional fees depend on the required activity, which will be discussed transparently during the initial consultation.

Request a Personalized Consultation in Milan

Addressing financial matters before a second marriage is not a sign of distrust, but an act of responsibility and love towards the new partner and one's children. If you wish to understand the most suitable solutions to protect your future and that of your loved ones, the Bianucci Law Firm is at your disposal. Contact Avv. Marco Bianucci at the Milan office for an in-depth and confidential assessment of your case.