In the event spouses’ separation agreement also involves the assignment of properties, the contract must be authenticated by a Public Service Officer.  In the present case, spouses agreed to the separation plus the assignment of property shares.  In such case, the Public Service Officer has authenticated the separation agreement with a standard signature without pointing out the index and collection number. Then, in this case the separation agreement was also a property transfer agreement; which requires Public Service Officer’s signature plus index and collection numbers. Based on that, Court’s accused the Public Service Officer of infringement.


The Public Service Officer present appeal against the ordinance by affirming that he did not authenticated a notarial act. Contrarily he authenticated an agreement record in the context of a separation agreement in which property assignment has been undertaken.


However, Italian Cassation Court has affirmed that in any case, spouses’ separation agreement entails the transfer of property shares or whole properties, the agreement shall be authenticated by a Public Service Officer that is the only subject who may verify the property transfer.


VGS lawyers professional are perfectly able to assist you in every stage of your separation agreements. Our Lawyers have achieved brilliant results negotiating the best condition for our clients. Moreover, in the event of separation agreement and contextual property transfer, VGS lawyers is able to put you in contact with trusted Public Service Officer and notaries. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.