Since 2016, Italian Law recognised the importance of parallel form of cohabitations and domestic partnerships. For this reason, aside the traditional marriage scheme, individuals may now decide to draft cohabitation agreement with the purpose of regulating their future and present economic assets.
Cohabitation agreement requirements
For its legal validity, the cohabitation agreement shall be in writing or shall be drafted through a notarised public deed or authenticated private agreement. Important to notice, cohabitation agreement cannot be subject to any term or condition including for instance cohabitation duration.
Cohabitation agreement: the stipulation
Subjects linked by emotional bond – who may be of the same sex – can decide to stipulate the cohabitation agreement. In addition, the emotional relationship shall meet further requirement including:
– The cohabitation is stable and uninterrupted:
– Domestic partners must no be family members or any adoption relationship;
– Domestic partners are not linked by marriage or civil partnership
Cohabitation agreement: how does it work?
Through the cohabitation agreement partners decide to regulate their economic partnership and assets of their shared life. In this sense, the agreement shall contain:
– The address of the;
– Residence address of domestic partners;
– Details about the partnership in terms of how subjects are involved in taking care about other partner’s interests;
– Property regime of domestic partnership,
In some cases, cohabitation agreement may include a property transfer. In such cases, it is necessary that the contract is drafted through a notarised public deed.
VGS professional are able to assist you in every stage of your drafting procedure. Our lawyers have achieved brilliant results negotiating the best conditions for givers and donees. In addition, in case of necessity, VGS will make at your disposal his network of notary. 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.