CIVIL UNIONS AND COHABITATIONS 2018-05-17T15:28:46+00:00

Civil Unions and cohabitation

Civil Unions

To provide legal recognition of relationships between persons of the same sex, the institution of a civil union was introduced in our legal system. They are governed by art. 1, subsection 1 paragraph 35 of Law no. 76/2016.

The civil union can exist between two adults of the same sex, declared before the civil union registrar and the presence of two witnesses; in many aspects the civil union provides a similar partnership to a conventional marriage.

As with the institution of marriage, legal assets are protected under the law of community of property, derogated through a prenuptial agreement, already stipulated by the act brought before the civil union registrar. Furthermore, the civil union can be dissolved through an agreement between the two parties or at the request of one of the two, and following a judicial ruling.

The Dionisio Firm provides highly specialised legal services as well as any updates on the latest developments in the field.

Cohabitation agreements

Law no. 76/2016, art.1 from paragraph 36 to paragraph 67, governs the legal protection given to so-called de facto couples. Because it refers to the convention of “de facto cohabitation” it requires the existence of two adults of the same sex or of different sexes, “united stably through emotional ties and mutual moral and material support, not bound by kinship, affinity, or adoption, by marriage or civil union”.

The new law affords partners the right to regulate their property relations by means of a cohabitation agreement, whose rules of constitution, amendment, and termination, require either public act, or private written testimony authenticated in part by a notary or advocate.

Dionisio Firm’s legal professionals, based in both Turin and Milan, drafted the first cohabitation agreements and can therefore provide clients with detailed advice on the convention, so as to examine it in every respect: from the personal aspects (mutual assistance, premature death of one of the two partners, common house of residence) to the proprietary aspects (community or separation of property, means of contribution to the necessities of communal life).

Activities

Studio Legale Dionisio

The Studio works on a local and national level, and has international connections with law firms forged during its many years in the field.

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