In 30 seconds. Since the EU Regulation 2016/1103 on matrimonial property regimes, international couples may agree in writing which law governs their property as spouses, for example the law of their nationality or of their habitual residence. The agreement must meet formal rules and cannot ignore Italian mandatory rules or the rights of third parties. It is an important planning tool, not a guarantee against every dispute. [TO VERIFY: Articles 22 and 23 and conditions, on EUR-Lex]
Who it concerns
Couples of different nationalities, couples who move to Italy, and families with property in more than one country. For couples already in Italy, see our guide on prenuptial agreements in Italy and on community or separate property.
What the Regulation allows
Spouses, or future spouses, can choose among the laws connected to them, such as habitual residence or nationality, within the limits set by the Regulation. The choice must be in writing, dated and signed. Further formalities may apply where Italian law requires a particular form. [TO VERIFY]
What to check in Italy
- Whether the agreement is valid in form under the Regulation and under Italian rules.
- How it affects Italian real estate and its registration.
- How it interacts with succession rules (EU Regulation 650/2012) — see inheritance with assets abroad.
- Tax effects, to be checked with a tax adviser.
The best route for you
- Before marriage or relocation: agree the applicable law in writing and have it reviewed under both systems.
- Already married and living in Italy: check what law currently applies before changing anything.
- Dispute or separation: keep documents on residence, nationality and any prior agreement.
What to do now: list nationalities, residences, property and any existing agreement. No planning removes all risk.
How Avv. Fiorentino can assist you
- Check which law applies to your marital property.
- Draft and review the written agreement.
- Coordinate with a notary of your choice and tax advisers.
FAQ
Can we choose the law after the wedding?
The Regulation allows a choice at different moments, with conditions. [TO VERIFY]
Is a prenup from another country valid in Italy?
It depends on formal validity, the applicable law and Italian public policy; it needs case-by-case review.
This content is informational and is not legal advice. Prepared with the support of AI tools under the responsibility of Avv. Renato Giuseppe Fiorentino.
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